James L. Kemper v. Merle Norman Cosmetics, Inc.

15 F.3d 1086 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James L. KEMPER, Plaintiff-Appellant, v. MERLE NORMAN COSMETICS, INC., Defendant-Appellee. No. 92-55974. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 10, 1993. Decided Jan. 10, 1994. Before: CHOY, TANG, and D.W. NELSON, Circuit Judges. 1 MEMORANDUM * 2 This appeal arises out of James L. Kemper's ("Kemper") antitrust action against Merle Norman, Inc. ("Merle Norman"). Mr. Kemper appeals three final judgments against him and in favor of Merle Norman. The gravamen of Mr. Kemper's appeal is that the conduct of the trial judge so infected his trial that he was denied a fair jury trial. 3 I. Did the trial judge's conduct deny Mr. Kemper a fair trial? 4 Mr. Kemper charges that Judge Hauk's comments during the trial displayed such hostility and bias against him and his counsel that he was denied a fair trial. 5 Litigants are entitled to a trial before a judge who is detached, fair, and…