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OCEAN BEACH HEIGHTS v. BROWN CRUMMER INV. CO.

No. 8150.

87 F.2d 978 (1937)

OCEAN BEACH HEIGHTS, Inc., et al. v. BROWN CRUMMER INV. CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 5, 1937.

Attorney(s) appearing for the Case

J. Julien Southerland, Jno. P. Stokes, Scott M. Loftin, James E. Calkins, and Henry K. Gibson, all of Miami, Fla., for appellants.

Giles J. Patterson, of Jacksonville, Fla., and T. J. Blackwell, and A. Y. Clement, both of Miami, Fla., for appellees.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

This is another case involving public obligations in which the difference between the promise and the ability to pay them is acutely presented as the result of a claim of nonliability asserted by territories which, after the issuance and sale of the bonds, was excluded from the town of Miami Shores in ouster proceedings.1 The suit in support of a judgment in mandamus proceedings the bondholders had obtained against...

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