In re Madonia

HOLLY, District Judge.

The trustee herein filed a petition in this court to set aside a mortgage given by the bankrupt to United Finance Corporation. The referee to whom the matter was referred, upon hearing, held the mortgage invalid. United Finance Corporation, within ten days filed with the referee its petition for review, but did not serve a copy of the notice upon the trustee or counsel for the trustee. The trustee shortly thereafter filed with the referee his motion to strike the petition for review upon the ground that notice of the petition had not been served upon him as required by…