[NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 97-1156 JOHN S. BARTH, Plaintiff, Appellant, v. VISX, INC., ET AL., Defendants, Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Mark L. Wolf, U.S. District Judge] Before Selya, Boudin and Stahl, Circuit Judges. John S. Barth on brief pro se. Maureen A. MacFarlane, Lee T. Gesmer and Lucash, Gesmer & Updegrove, LLP, on brief for appellee. August 26, 1997 Per Curiam. We have reviewed the parties' briefs and the record on appeal. We affirm the order of the district court, dated August 19, 1996, essentially for the reasons stated in the district court's memorandum of the same date. As for the motion to recuse, we will assume arguendo that appellant intended to file the motion in the present case and mistakenly put an earlier case number on the motion but, in any event, we affirm the order of the district court dated October 22, 1993, denying the motion for recusal, essentially for the reasons stated in the district court's order. Affirmed. Loc. R. 27.1. -2-