H. Keith Henson 799 Coffey Ct. San Jose, CA 95123 408-521-0614 (beeper) Case No. C 96-20271 RPA Hon. Ronald M. Whyte, Federal Judge Northern District of California San Jose, CA 95113 Hand delivered, April 8, 1996 Dear Judge Whyte: Please excuse the use of a letter instead of the proper form, but I want to give everyone the maximum time to adjust schedules. I request that you recuse yourself from this case. It is *not* for improper behavior or prejudice, but because (as stated in several places in the RTC's filing) you and your clerk have been involved, at least as witnesses, in the events which led up to this lawsuit. I am not well versed in the law, but I am nearly certain that it is improper for a Judge or his clerk to be called as a witness at a trial over which he is presiding. I am willing for the TRO hearing to be held at the time set if that is convenient for another Judge, or the TRO hearing may pushed back up to one week, and I will consider myself to be bound by the TRO until the hearing. Thank you very much for your consideration of this matter, Very Truly Yours, H. Keith Henson cc by email to Helena Kobrin (hkk@netcom.com) Posted (so Warren McShane will get a copy)