Tucker et al v. Southwestern Energy Company et al

Filing 95

ORDER re 85 Order concerning recusal. The Court is not disqualified from sitting and there is no good reason for me to recuse. I will therefore continue in the case. Signed by Judge D. P. Marshall Jr. on 4/6/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JAMES TUCKER and MINDY TUCKER v. PLAINTIFFS No.l:ll-cv-44-DPM SOUTHWESTERN ENERGY CO.; CHESAPEAKE ENERGY CORP.; and BHP BILLITON PETROLEUM (FAYETTEVILLE) LLC PHILLIP BERRY and PEGGY BERRY v. DEFENDANTS PLAINTIFFS No.l:ll-cv-45-DPM SOUTHWESTERN ENERGY CO.; CHESAPEAKE ENERGY CORP.; and BHP BILLITON PETROLEUM (FAYETTEVILLE) LLC DEFENDANTS ORDER I appreciate the parties' submissions on the recusal issues. I know this was extra and unexpected work; but the additional legal analysis and the new facts were helpful. After further consideration of the issues in light of the parties' submissions, my conclusion is that I am not disqualified from sitting and there is no good reason that I should recuse. 28 U.s.C. § 455(a) and (b)(4). I will therefore continue in the case. So Ordered. D.P. MarshallJf United States District Judge -2­

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