Page:United States Statutes at Large Volume 77.djvu/363

 77 STAT. ]

PUBLIC LAW 88-176-NOV. 13, 1963

331

SEC. 3. That paragraph 3 of section 367 of the Bankruptcy Act (11 U.S.C. 767) IS amended to read as follows: "(3) the consideration deposited, if any, shall be distributed and the rights provided by the arrangement shall inure to the creditors affected by the arrangement whose claims (a) have been filed prior to the date of confirmation but within the time prescribed by section 355 of this chapter and are allowed or (b) nave been filed after the date of confirmation but within the time prescribed by section 355 of this chapter and are allowed; and". SEC. 4. Paragraphs (2) and (3) of section 369 of the Bankruptcy Act (11 U.S.C. 769) are amended to read as follows: 52 Stat. 912. "(2) are disputed or unliquidated, have been scheduled by the debtor, and are filed within the time prescribed by section 355 of this chapter; or "(3) arise from the rejection of executory contracts by the debtor and are filed within the time prescribed by section 355 of this chapter." Approved November 13, 1963. Public Law 88-176 AN ACT

November 13, 1963

To clarify the status of circuit and district judges retired from regular active service.

[H.R. 2835]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) paragraph (b) of section 43 of title 28, United States Code, is amended to read as follows: " (b) Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall also be competent to sit as judges of the court." (b) Paragraph (c) of section 46 of title 28, United States Code, is amended to read as follows: "(c) Cases and controversies shall be heard and determined by a court or division of not more than three judges, unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service. A circuit judge of the circuit who has retired from regular active service shall also be competent to sit as a judge of the court in banc in the rehearing of a case or controversy if he sat in the court or division at the original hearing thereof." SEC. 2. Paragraph (b) of section 132 of title 28, United States Code, is amended to read as follows: " (b) Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court." SEC. 3. The first sentence of section 332 of title 28, United States Code, is amended to read as follows: "The chief judge of each circuit shall call, at least twice in each year and at such places as he may designate, a council of the circuit judges for the circuit, in regular active service, at which he shall preside." Approved November 13, 1963.

judges, retired. status. 62 Stat. sro.

62 Stat. 895.

62 Stat. 902.

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