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Charles M. Byers v. Michael H. Doherty Thomas W. Barham Charles McDonnell Kermit A. Rosenberg Robert P. Holmes Radigan, Rosenberg & Holmes, P.C. Barham & Radigan, P.C.

Citations: 73 F.3d 356; 1995 U.S. App. LEXIS 40367; 1995 WL 761039Docket: 95-2327

Court: Court of Appeals for the Fourth Circuit; December 26, 1995; Federal Appellate Court

Narrative Opinion Summary

Charles M. Byers appealed the district court's order which denied his motion for reconsideration, rehearing, and a motion for recusal in the case against multiple defendants, including Michael H. Doherty and others. The United States Court of Appeals for the Fourth Circuit reviewed the record and the district court's opinion, concluding that there was no reversible error. The appellate court affirmed the district court's decision based on its reasoning in the original case, Byers v. Doherty, No. CA-93-295-A (E.D. Va. June 12, 1995). The court determined that oral argument was unnecessary as the facts and legal arguments were sufficiently presented in the submitted materials. The final decision was to affirm the lower court's ruling.

Legal Issues Addressed

Appellate Review and Reversible Error

Application: The appellate court reviewed the district court's decision and found no reversible error, thereby affirming the lower court's ruling.

Reasoning: The United States Court of Appeals for the Fourth Circuit reviewed the record and the district court's opinion, concluding that there was no reversible error.

Motion for Reconsideration and Recusal

Application: The district court's denial of Byers' motion for reconsideration, rehearing, and recusal was upheld, as the appeals court found no basis for reversal.

Reasoning: Charles M. Byers appealed the district court's order which denied his motion for reconsideration, rehearing, and a motion for recusal in the case against multiple defendants.

Necessity of Oral Argument in Appellate Proceedings

Application: The appellate court determined that oral argument was unnecessary because the facts and legal arguments were adequately presented in the submitted materials.

Reasoning: The court determined that oral argument was unnecessary as the facts and legal arguments were sufficiently presented in the submitted materials.