Chugach Electric Association v. United States District Court For The District Of Alaska At Anchorage

370 F.2d 441 CHUGACH ELECTRIC ASSOCIATION, a corporation, Petitioner, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF ALASKA AT ANCHORAGE and theHonorable Raymond E. Plummer, Judge, Respondents. No. 20568. United States Court of Appeals Ninth Circuit. Dec. 22, 1966, Rehearing Denied Feb. 6, 1967. Ronald McKinstry, of Bogle, Gates, Dobrin, Wakefield & Long, Seattle, Wash., for petitioner. Donald J. Merriman, Edgar Paul Boyko, Los Angeles, Cal., Charles Tulin, William J. Moran, Raymond E. Plummer, U.S. Dist. Judge, Groh & Benkert, Anchorage, Alaska, for respondents. Before MERRILL, BROWNING and DUNIWAY, Circuit Judges. MERRILL, Circuit Judge. 1 Petitioner is defendant in an action before respondent court brought by the trustee in bankruptcy of Mrak Coal Company. Petitioner moved to disqualify the trustee's attorney, Edgar Paul Boyko, on the ground of conflict of interest contrary to the Canons of Ethics. 1 The motion was denied by respondent court. That ruling not being appealable, Cord v. Smith, 338 F.2d 516 (9th Cir. 1964), petitioner brought this proceeding for a writ of mandamus directing the disqualification under 28 U.S.C. 1651 (1964). 2 We here rule that…