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PHŒNIX BLDG. & HOMESTEAD ASS'N v. E. A. CARRERE'S SONS

No. 5266.

33 F.2d 563 (1929)

PHŒNIX BLDG. & HOMESTEAD ASS'N v. E. A. CARRERE'S SONS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 19, 1929.

Attorney(s) appearing for the Case

Delvaille H. Theard, of New Orleans, La., for appellant.

Jas. G. Schillin, of New Orleans, La., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal from a decree in bankruptcy which disallowed a claim of the appellant homestead association to an attorney's fee according to the terms of a mortgage which it held against the bankrupt.

Appellant's mortgage was dated May 15, 1926, and was a first lien upon a lot in the city of New Orleans, which was taken possession of by the trustee in bankruptcy on June 30, 1926, upon the mortgagor being adjudged a bankrupt, and was...

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