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PARKER BROS. v. FAGAN

No. 7112.

68 F.2d 616 (1934)

PARKER BROS. v. FAGAN.

Circuit Court of Appeals, Fifth Circuit.

January 31, 1934.

Attorney(s) appearing for the Case

K. I. McKay, R. W. Withers, and Maynard Ramsey, all of Tampa, Fla., and R. E. Brown, of Arcadia, Fla., for appellant.

Donald C. McMullen, of Tampa, Fla., for appellee.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

SIBLEY, Circuit Judge.

The receiver of First National Bank of Arcadia brought suit at law in the District Court against Parker Bros. on a money decree which the bank had obtained some years previously for a deficiency in the foreclosure of a mortgage in a Circuit Court of Florida. The defense pleaded was that the decree, so far as it adjudged Parker Bros. to pay money, was wholly void. This plea was stricken on demurrer and judgment given for the receiver, Parker...

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