John Cunningham, Appellant, v. Martin F. O'donoghue, Chairman of the Board of Monitors, and Lawrence T. Smith, As Monitor, Appellees, 278 F.2d 274 (D.C. Cir. 1960)Annotate this Case
Decided April 14, 1960
Mr. J. Benjamin Simmons, Washington, D. C., for appellant.
Mr. Joseph DuCoeur, Washington, D. C., with whom Mr. Herbert J. Miller, Jr., Washington, D. C., was on the brief for appellees, argued for appellee O'Donoghue. Mr. Raymond G. Larroca, Washington, D. C., also entered an appearance for appellee O'Donoghue.
Mr. Eugene F. Mullin, Jr., Washington, D. C., for appellee Smith. Mr. J. Parker Connor, Washington, D. C., also entered an appearance for appellee Smith.
Before EDGERTON, WILBUR K. MILLER and FAHY, Circuit Judges.
The appeal is from an order of the District Court denying the motion filed there by appellant to remove Martin F. O'Donoghue as Chairman of the Board of Monitors and Lawrence T. Smith as a Monitor. Upon consideration of the record made in the District Court we are of the view that the claim of conflict of interests, made the basis for the motion, did not require the court as matter of law to hold that either Mr. O'Donoghue or Mr. Smith was disqualified to act under the court's appointment, and we are also of the view that the District Court did not abuse its discretion in denying the motion. Cf. English v. Cunningham, 106 U.S.App.D.C. 70, 269 F.2d 517, 526.