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FRED T. LEY & CO. v. WHEAT

No. 6667.

64 F.2d 257 (1933)

FRED T. LEY & CO., Inc., v. WHEAT et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 29, 1933.

Attorney(s) appearing for the Case

Joseph F. McPherson and E. S. Quick, both of Miami, Fla., and George C. Bedell, of Jacksonville, Fla., for appellant.

C. D. Blackwell, J. Field Wardlaw, and Joe Hatfield, all of West Palm Beach, Fla., E. T. McIlvaine, and John C. Cooper, Jr., both of Jacksonville, Fla., Frank D. Upchurch, of St. Augustine, Fla., and Dan MacDougald, of Atlanta, Ga., for appellees.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

The appeal is from a decree of the District Court ordering foreclosure of a bond mortgage upon and sale of an office building in West Palm Beach, Fla., and giving priority to the mortgage over a builder's lien claimed by appellant, Ley & Co., Inc. The claims of error are: First, that the federal court violated comity, in that, before the bill was filed, there was pending in a state court a bill between the same parties to foreclose the same...

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