IN RE NATIONAL STORE FIXTURE CO.

No. 85-1066.

769 F.2d 1334 (1985)

In re NATIONAL STORE FIXTURE COMPANY, Debtor. UNITED STATES of America, Appellee, v. NATIONAL STORE FIXTURE COMPANY, Appellee, Charles E. Rubin, Trustee, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 14, 1985.


Attorney(s) appearing for the Case

Robert A. Pummill, Kansas City, Mo., for appellant.

Debra L. Kasper, Dept. of Justice, Washington, D.C., for appellee.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, WOODS, District Judge.


LAY, Chief Judge.

The bankruptcy trustee, Charles E. Rubin, appeals from an order of the United States District Court for the Western District of Missouri upholding the constitutionality of Bankruptcy Rule 5002.1 Rubin is a partner in the same law firm as the son of the Chief Judge of the Bankruptcy Court for the Western District of Missouri. Another bankruptcy judge appointed Rubin as trustee, but the United States contends this appointment...

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