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IN RE BH & P INC.

No. 90-5877.

949 F.2d 1300 (1991)

In re BH & P INC., A New Jersey Corporation; Philip Alan Herman, Bruce Berkow, Debtors. Appeal of Carmen J. MAGGIO, Individually and as Trustee for BH & P Inc., Debtor; and Ravin, Greenberg & Marks, P.A., (formerly Ravin, Greenberg & Zackin, P.A.) Appellants.

United States Court of Appeals, Third Circuit.

Decided December 5, 1991.

Attorney(s) appearing for the Case

Gary N. Marks, Ravin, Greenberg & Marks, Roseland, N.J., for appellants.

Thomas E. Ross, U.S. Trustee, Martha L. Davis, Gen. Counsel, T. Patrick Tinker, Executive Office for United States Trustees, Dept. of Justice, Washington, D.C., for amicus curiae.

Before: MANSMANN and HUTCHINSON, Circuit Judges, and O'NEILL, District Judge.

Submitted Under Third Circuit Rule 12(6) June 7, 1991.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This appeal requires that we consider issues relating to an alleged "conflict of interest" of a trustee and his counsel arising in the context of bankruptcy proceedings involving a corporation and two of its principals. The core issue is the test to be applied in determining a disqualifying conflict where a single trustee and trustee's counsel represented...

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