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L. MAXCY, INC. v. WALKER

No. 9698.

119 F.2d 535 (1941)

L. MAXCY, Inc., v. WALKER. In re LAKE NURSERY CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 31, 1941.

Attorney(s) appearing for the Case

O. K. Reaves, of Tampa, Fla., and H. M. Hampton, of Ocala, Fla., for appellant.

Claude L. Gray and C. P. Dickinson, both of Orlando, Fla., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

FOSTER, Circuit Judge.

On June 1, 1939, certain assets of Lake Nursery Company, bankrupt, consisting principally of a citrus grove of 165 acres, were sold at auction by the trustee, over the protest of appellant, L. Maxcy, Inc., which company held a mortgage on the property in the amount of $61,685.24. The property was bid in by appellant for $52,500. The referee ruled that appellant should pay to the trustee $8,953 as the cost of preserving the property and selling...

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