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IN RE FIRST JERSEY SECURITIES, INC.

Nos. 98-5236, 98-5290.

180 F.3d 504 (1999)

In re FIRST JERSEY SECURITIES, INC., Debtor United States Trustee; Securities & Exchange Commission v. First Jersey Securities, Inc. In re First Jersey Securities, Inc., Debtor Securities & Exchange Commission v. First Jersey Securities, Inc.

United States Court of Appeals, Third Circuit.

Decided June 10, 1999.

Attorney(s) appearing for the Case

Katharine B. Gresham (Argued), Securities & Exchange Commission, Washington, DC, for Appellant.

Deborah R. Kant (Argued), William Kanter, United States Department of Justice, Washington, DC, for Appellant.

Walter J. Greenhalgh (Argued), Duane, Morris & Heckscher, Newark, New Jersey, for Appellee.

Before: ALITO and McKEE, Circuit Judges, and SCHWARTZ, District Judge.

OPINION OF THE COURT

SCHWARTZ, Senior District Judge.

This appeal addresses the propriety of the appointment of counsel for a debtor in possession, where the debtor transferred restricted securities to its counsel in payment for pre-petition services on the eve of its filing for bankruptcy. The United States Trustee ("Trustee") and the Securities and Exchange Commission ("SEC") contend the law firm of Robinson, St. John, & Wayne ("RSW") was disqualified...

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