A federal appeals court has removed a Missouri federal judge from a $28 million contract case based on the judge’s use of profanity and his angry dismissal of the case over testy allegations of discovery abuse.

Judge Michael J. Melloy of the 8th U.S. Circuit Court of Appeals was quick to point out that both sides in the case “provoked” Judge Dean Whipple of the Western District of Missouri in Kansas City, Mo., into the salty language and created the appearance of partiality.

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