In Re Cummings

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 receiving benefits under paragraph (1) of subdivision d of § 40 of this Act, shall not practice as counsel or attorney nor act as trustee…