District Court, N.D. New York June 5, 1968, No. 63-BK-752 (McNellis v. Dubnoff)

TIMBERS, District Judge*

QUESTION PRESENTED

Upon remand from the Court of Appeals for this Circuit,1 Honorable David J. Goldstein, Referee in Bankruptcy, after a full evidentiary hearing, entered an order on February 7, 1968 refusing to disqualify himself from hearing and determining Proceeding #1 because of alleged interest under Section 39(b) of the Bankruptcy Act, 11 U.S.C. § 67(b).