This section contains the nature of the case and procedural background.

A dispute arose between Liljeberg (D) and Health Services Acquisition Corp. (P) regarding real estate adjacent to Loyola University. The litigants had conflicting claims to the proper use of the property. Loyola University stood to benefit greatly if D prevailed. P filed a declaratory relief action. The judge, Collins, who tried the case was a trustee of Loyola University but was not conscious of the fact that the University had a vested interest in D's position. Eight days after entering judgment for D, the judge became aware of Loyola's interest, and P moved for recusal and a new trial. The judge refused; he was not aware of Loyola's interest before entering judgment. The court of appeals reversed. The Supreme Court granted certiorari.

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