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VALLETTE v. CITY OF VERO BEACH, FLA.

No. 9057.

104 F.2d 59 (1939)

VALLETTE et al. v. CITY OF VERO BEACH, FLA.

Circuit Court of Appeals, Fifth Circuit.

May 22, 1939.

Attorney(s) appearing for the Case

Miller Walton and Frank O. Spain, both of Miami, Fla., Giles J. Patterson, of Jacksonville, Fla., and C. L. Chancey, of Fort Lauderdale, Fla., for appellants.

Robert J. Pleus, of Orlando, Fla., and Charles A. Mitchell, of Vero Beach, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

In the District Court under Chapter IX of the Bankruptcy Act as amended June 22, 1938, 11 U.S.C.A. § 403, an interlocutory decree was made confirming a plan for the composition of the debts of City of Vero Beach, Florida. Four creditors appeal, three of whom had before the filing of the petition on Aug. 2, 1938, obtained judgments on their securities and mandamus absolute for the levy of taxes to pay them, and the fourth held only interest...

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