DAVIS v. CITY OF HOMESTEAD, FLA.

No. 9393.

112 F.2d 438 (1940)

DAVIS et al. v. CITY OF HOMESTEAD, FLA., et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 8, 1940.


Attorney(s) appearing for the Case

Charles A. Carroll, of Miami, Fla., F. A. Berry, of Nashville, Tenn., Stuart B. Warren and Geo. W. Wylie, both of St. Petersburg, Fla., J. Blanc Monroe, of New Orleans, La., and H. N. Boureau, of Miami, Fla., for appellants.

Melvin H. Siegel, Sp. Asst. to Atty. Gen., and Hayford O. Enwall, Asst. U. S. Atty., and Ira C. Haycock, both of Miami, Fla., for appellees.

Robert J. Pleus, of Orlando, Fla., for amicus curiae.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

In this case as in American National Bank v. City of Sanford, 5 Cir., 112 F.2d 435, decided May 31, 1940, the appeal is from an order rejecting appellant's objections to the filing of, and denying its motion to dismiss, the petition in bankruptcy for composition filed by the city, May 1, 1939, under Section 83, sub. j, of the Bankruptcy Act, 11 U.S.C.A. § 403, sub. j. The contentions made here are the...

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