Key legal question
Whether the judges and clerk who sat in the earlier Federal Supreme Court case had to recuse themselves in this appeal
Extracted holding
Prior participation as Federal Supreme Court judge or clerk in the same matter did not create a recusal ground; no personal interest was shown.
Extracted reasoning
Art. 34 al. 1 let. b LTF requires activity in the same case in another capacity, not simply as judge or clerk. Prior participation in an earlier federal proceeding is not enough under art. 34 al. 2 LTF.