In Re Cement Antitrust Litigation (Mdl No. 296). State of Arizona v. Ideal Basic Industries, State of Arizona v. United States District Court for the District of Arizona, and Kaiser Cement and Gypsum Corporation, Real Parties in Interest. State of Arizona v. Ash Grove Cement Company

673 F.2d 1020 64 A.L.R.Fed. 415, 1982-1 Trade Cases 64,515 In re CEMENT ANTITRUST LITIGATION (MDL NO. 296). STATE OF ARIZONA, et al., Plaintiffs-Appellants, v. IDEAL BASIC INDUSTRIES, et al., Defendants-Appellees. STATE OF ARIZONA, et al., Petitioners, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF ARIZONA, Respondent, and Kaiser Cement and Gypsum Corporation, et al., Real Parties in Interest. STATE OF ARIZONA, et al., Petitioners, v. ASH GROVE CEMENT COMPANY, et al., Respondents. Nos. 81-5481, 81-7465 and 81-8079. United States Court of Appeals, Ninth Circuit. Order filed Oct. 30, 1981. Opinion filed Jan. 27, 1982. As Amended on Denial of Rehearing and Rehearing En Banc April 15, 1982. Before WALLACE, SKOPIL, and BOOCHEVER, Circuit Judges. WALLACE, Circuit Judge: 1 Plaintiffs, appellants and petitioners herein, seek review of the district court's order of May 26, 1981, granting a motion to recuse brought by defendants, appellees and real parties herein. Three avenues are attempted: a direct appeal under 28 U.S.C. § 1291 , a discretionary interlocutory appeal pursuant to 28 U.S.C. § 1292 (b), and a petition for a writ of mandamus. Defendants move to dismiss the…