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FLORIDA NAT. BANK OF JACKSONVILLE v. UNITED STATES

No. 8261.

87 F.2d 896 (1937)

FLORIDA NAT. BANK OF JACKSONVILLE v. UNITED STATES et al.

Circuit Court of Appeals, Fifth Circuit.

January 27, 1937.

Attorney(s) appearing for the Case

Wm. H. Rogers and Paul Ritter, both of Jacksonville, Fla., for appellant.

Helen R. Carloss, Sp. Asst. to the Atty. Gen., Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Harry G. Taylor, Sp. Asst. to the U. S. Atty., of Miami, Fla., for appellees.

Before FOSTER, SIBLEY and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The appellant, Florida National Bank of Jacksonville, is trustee in a bond mortgage on a hotel which provided that in the event of the appointment of a receiver or a taking possession by the trustee the rents, issues, and profits should be a part of the mortgaged property and covered by the mortgage. Following a default, the trustee obtained a decree of foreclosure in a state court and a sale was advertised for October 7, 1935. On October 1...

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