Escolar Documentos
Profissional Documentos
Cultura Documentos
3d 343
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.
The parties are familiar with the facts. We review the district court's
conclusions of law de novo, Eastern Investment Corp. v. United States, 49 F.3d
651, 653 (10th Cir.1995), and findings of fact for clear error. Ayala v. United
States, 49 F.3d 607, 613 (10th Cir.1995). Additionally, we review the district
court's denial of a motion to recuse for an abuse of discretion. Hinman v.
Rogers, 831 F.2d 937, 938 (10th Cir.1987).
We have reviewed the briefs of the parties and the record on appeal. Based
upon our review of the record and the applicable legal principles, we conclude
the district court did not commit reversible error by: (1) concluding the parties
entered into a settlement agreement, and (2) enforcing that settlement
agreement. Additionally, we conclude the district court did not abuse its
discretion in denying Defendant's motion to recuse.
AFFIRMED.3
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally
disfavors the citation of orders and judgments; nevertheless, an order and
judgment may be cited under the terms and conditions of the court's General
Order filed November 29, 1993. 151 F.R.D. 470
The Honorable Myron H. Bright, Senior United States Circuit Judge for the
Eighth Circuit, sitting by designation