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ROTH v. HYER

No. 10255.

133 F.2d 5 (1943)

ROTH et al. v. HYER et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 12, 1943.

Writ of Certiorari Denied April 5, 1943.

Attorney(s) appearing for the Case

H. N. Roth and Clark W. Jennings, both of Orlando, Fla., and Lloyd B. Kanter, of Brooklyn, N. Y., for appellants.

C. P. Dickinson, Hugh Akerman, and J. Thomas Gurney, all of Orlando, Fla., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

Writ of Certiorari Denied April 5, 1943. See 63 S.Ct. 859, 87 L.Ed. ___.

HUTCHESON, Circuit Judge.

The suit was for damages for breach of a contract of sale of a chose in action, a claim of defendants against the United Cigar Stores Company, a corporation, then in 77B reorganization proceedings. Bankr. Act, 11 U.S.C.A. § 207. The claim was that defendants, Hyer and Davis & Son Co., through their attorney and agent Schelker, authorized to act and acting...

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