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WARE v. R. E. CRUMMER & CO.

No. 10195.

128 F.2d 114 (1942)

WARE et al. v. R. E. CRUMMER & CO. et al. R. E. CRUMMER & CO. v. BARNETT BANK OF AVON PARK et al.

Circuit Court of Appeals, Fifth Circuit.

May 5, 1942.

Attorney(s) appearing for the Case

Wallace E. Davis, of Orlando, Fla., for appellants E. H. Ware et al., individually and as Commissioners of City of Avon Park, Florida, debtor.

Joseph P. Lea, Jr., and R. J. Pleus, both of Orlando, Fla., for R. E. Crummer & Co. et al., appellees.

F. P. Fleming, of Jacksonville, Fla., for Barnett Bank of Avon Park and M. V. Pilcher, appellees.

Merton S. Horrell, of Orlando, Fla., for City of Avon Park, Fla.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The order appealed from was entered in the composition proceedings1 the City of Avon Park had filed on August 15, 1938.2 By it appellants were, on December 1, 1941, summarily ordered to replace in the interest and sinking fund of the city, the sum of $65,715.20, which had been collected by a tax3 for the establishment of the sinking fund for the payment...

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