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McNELLIS v. DUBNOFF

No. 63-BK-752.

285 F.Supp. 563 (1968)

Proceeding # 1 Phillip J. McNELLIS, as Trustee in Bankruptcy of Donald S. Potter, Plaintiff, v. Herman DUBNOFF, Defendant. Proceeding # 2 Herman DUBNOFF, Petitioner, v. Honorable David J. GOLDSTEIN, Referee in Bankruptcy in the United States District Court for the Northern District of New York, Respondent.

United States District Court N. D. New York.

June 5, 1968.

Attorney(s) appearing for the Case

Laurence Sovik, of Smith, Sovik, Terry, Kendrick, McAuliffe & Schwarzer, Syracuse, N.Y., for Phillip J. McNellis, Trustee, plaintiff in Proceeding #1.

Philip C. Pinsky, Syracuse, N.Y., (Victor Levine, Syracuse N.Y., on the brief), for Herman Dubnoff, defendant in Proceeding #1 and petitioner in Proceeding #2.

Bartle J. Gorman, of Gorman & Waszkiewicz, Utica, N.Y., for Honorable David J. Goldstein, Referee in Bankruptcy, respondent in Proceeding #2.

TIMBERS, District Judge.*

QUESTION PRESENTED

Upon remand from the Court of Appeals for this Circuit,1 Honorable David J. Goldstein, Referee in Bankruptcy, after a full evidentiary hearing, entered an order on February 7, 1968 refusing to disqualify himself from hearing and determining Proceeding #1 because of alleged interest under Section 39(b) of the Bankruptcy Act, 11 U.S.C. § 67(b). No petition...

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