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IN RE CUMMINGS

No. BK-68-768.

384 F.Supp. 112 (1971)

In the Matter of Gaylord T. CUMMINGS, d/b/a Cummings Pharmacy, Bankrupt.

United States District Court, W. D. New York.

January 5, 1971.

Attorney(s) appearing for the Case

James R. Priviteria, petitioner pro se.

H. Kenneth Schroeder, Jr., U. S. Atty., Buffalo, N. Y., Harland F. Leathers and Jeffrey F. Axelrad, Attys., Dept. of Justice, for the U. S. as amicus curiae.

CURTIN, District Judge.

In March, 1968, after serving as Referee in Bankruptcy in this district for thirteen years, James R. Privitera retired. Returning to the practice of law, he was elected Trustee in the bankruptcy case of Gaylord T. Cummings. During the administration of the estate, the attention of the present Referee, Beryl E. McGuire, and Mr. Privitera was called to Section 39b of the Bankruptcy Act (11 U.S.C. § 67b), which provides:

". . . referees...

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