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WILLIAMS HOLDING CO. v. PENNELL

No. 8215.

86 F.2d 230 (1936)

WILLIAMS HOLDING CO. et al. v. PENNELL.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 12, 1936.

Attorney(s) appearing for the Case

R. F. Maguire, H. M. Voorhis, J. R. Wells and Edward K. Goethe, all of Orlando, Fla., for appellants.

Herschel O. Moats, J. Thos. Gurney, and Le Roy B. Giles, all of Orlando, Fla., and C. C. Wyche and Donald Russell, both of Spartanburg, S. C., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

This is an appeal from an ex parte order appointing temporary receivers. Appellee has filed a motion to dismiss the appeal. His ground is that the order appointing receivers ex parte, and not after hearing, was not an appealable one.

Appellants, on the authority of our case, Marion Mortg. Co. v. Edmunds, 64 F.2d 248, insist that though entered ex parte, the order was not a mere preliminary, non-appealable...

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