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CALLAHAN v. DAVIS

No. 84-2803C(3).

654 F.Supp. 135 (1987)

Larry G. CALLAHAN, Plaintiff, v. Lawrence O. DAVIS, et al., Defendants.

United States District Court, E.D. Missouri.

February 19, 1987.

Attorney(s) appearing for the Case

Jeffrey S. Harrold, St. Charles, Mo., for plaintiff.

P. Pierre Dominique, Pro Hac Vice, John J. Oldenburg, Jr., Asst. Atty. Gen., Jefferson City, Mo., James E. McDaniel, St. Louis, Mo., for defendants.

ORDER

HUNGATE, District Judge.

This matter is before the Court upon remand by the United States Court of Appeals for the Eighth Circuit. Callahan v. Rendlen, 806 F.2d 795 (8th Cir.1986).

In some states an affidavit of prejudice directed toward the trial judge automatically disqualifies him. Mo.Rev.Stat. § 508.130 (1978). The federal courts decline that procedure...

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