When Jonathan Swapp is resentenced Thursday for his part in the 1988 Singer-Swapp confrontation, he will have two attorneys - one he wants to keep and one he wants to drop.

U.S. District Chief Judge Bruce S. Jenkins, in a hearing Tuesday afternoon, refused to dismiss attorney J. Bruce Savage, the court-appointed lawyer who represented Swapp in the federal criminal case.He also said he will not appoint the man Swapp wants to replace Savage, Earl S. Spafford, but he said Spafford can participate in the resentencing since the Swapp family has arranged for him to represent the defendant.

Savage had filed a motion to be removed from the case because Swapp didn't want him. Swapp said he preferred Spafford, who was his lawyer in the state trial arising from the same confrontation.

Jenkins pointed out that Savage is familiar with the federal case and asked Tuesday afternoon whether Spafford is prepared to go forward with the resentencing Thursday.

Spafford said he has not seen the presentencing report and Jenkins commented, `It's a little late to change horses."