GERSTEL v. SHAW

No. 7313.

71 F.2d 371 (1934)

GERSTEL v. SHAW. In re HENRY J. SMITH, Inc.

Circuit Court of Appeals, Fifth Circuit.

June 15, 1934.


Attorney(s) appearing for the Case

Troy C. Davis, Arthur S. Friedman, and Aaron M. Kanner, all of Miami, Fla., for appellant.

B. R. Cisco, of Miami, Fla., and Henry P. Adair, of Jacksonville, Fla., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


SIBLEY, Circuit Judge.

On summary proceedings brought by Gerstel as trustee in bankruptcy of Henry J. Smith, Inc., the referee ordered Mary G. Shaw and her representatives to turn over to the trustee the possession of Alcazar Hotel and all the personal property in it. This ruling was reviewed before the District Judge on the grounds, among others, that Miss Shaw was an adverse claimant and entitled to plenary proceedings before the court; that she was a landlord in...

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