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RUOTOLO v. RUOTOLO

No. 77-1445.

572 F.2d 336 (1978)

Gavin A. RUOTOLO, etc., Plaintiff, Appellee, v. Gavin A. RUOTOLO et al., Defendants, Appellees, United States of America, Intervenor, Appellant.

United States Court of Appeals, First Circuit.

Decided March 22, 1978.

Attorney(s) appearing for the Case

Freddi Lipstein, Atty., Appellate Section, Civil Division, Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., George J. Mitchell, U. S. Atty., Portland, Me., Leonard Schaitman, and Judith S. Feigen, Attys., Appellate Section, Civil Division, Dept. of Justice, Washington, D. C., were on brief, for intervenor, appellant.

John J. Flaherty, Portland, Me., with whom Gerald F. Petrucelli, Joel C. Martin, and Preti & Flaherty, Portland, Me., were on brief, for Gavin A. Ruotolo, et al., defendants, appellees.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

In this Chapter XI bankruptcy proceeding, the United States appeals from an interlocutory order of the District Court for the District of Maine, denying a petition to disqualify Richard E. Poulos, a retired referee in bankruptcy, and the law firm with which he is associated, from serving as counsel for the Debtor in Possession, Gavin A. Ruotolo. The United States has no pecuniary interest in the bankrupt estate and was not an original...

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