399 F.2d 916 (10th Cir. 1968), 9563, In re O'Bryan

Docket Nº:9563.
Citation:399 F.2d 916
Party Name:In the Matter Pertaining to W. H. 'Pat' O'BRYAN.
Case Date:September 18, 1968
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit

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399 F.2d 916 (10th Cir. 1968)

In the Matter Pertaining to W. H. 'Pat' O'BRYAN.

No. 9563.

United States Court of Appeals, Tenth Circuit.

Sept. 18, 1968

Reagan M. Martin, Dallas, Tex. (Harvey L. Davis, Dallas, Tex., on the brief), for appellant.

Jeff R. Laird, General Counsel, Oklahoma Bar Ass'n, Oklahoma City, Okl., amicus curiae.

Before PICKETT, HILL and SETH, Circuit Judges.


This matter arose out of a November 19, 1958 order of the Honorable Stephen

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S. Chandler, Chief Judge of the United States District Court for the Western District of Oklahoma, striking the name of W. H. 'Pat' O'Bryan from the roster of attorneys authorized to practice before that court. The order followed a hearing on O'Bryan's claim for attorney fees filed in a bankruptcy proceeding, which O'Bryan supported with a lettercontract purportedly signed by the bankrupt and found by the court to be false and fraudulent. Thereafter, upon the same charge, the Supreme Court of Oklahoma disbarred O'Bryan from the practice of law in Oklahoma courts. State ex rel. Oklahoma Bar Ass'n v. O'Bryan, 385 P.2d 876, cert. denied 376 U.S. 649, 84 S.Ct. 983, 11 L.Ed.2d 980. The facts are fully set forth in the opinion of the Oklahoma court.

On September 2, 1963, following denial by this court of relief in a mandamus action, O'Bryan filed a motion to vacate the disbarment order and expunge it from the court records. No action was taken on the motion for more than two years, whereupon O'Bryan again sought mandamus relief in this court. Affirmative relief was denied, but Judge Chandler was disqualified from acting further in the matter, and all pending proceedings and other actions arising thereafter were directed to be assigned to another Judge. It fell to the lot of Judge Edwin Langley, Chief Judge of the Eastern District Court of Oklahoma, to put an end to the long drawn-out proceedings. The Judge made a careful study of the court records of all the cases involved in the disbarment matter and directed O'Bryan to file a statement in response to certain factual matters disclosed in the records of the various cases, all of which were fully set forth in the order. O'Bryan filed a response and thereafter, without further hearing, Judge Langley entered a final order overruling the motion to vacate the disbarment order. A motion to set aside this order and grant a formal hearing was...

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