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WRIGHT v. CITY OF CORAL GABLES, FLA.

No. 10605.

137 F.2d 192 (1943)

WRIGHT et al. v. CITY OF CORAL GABLES, FLA.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 12, 1943.

Attorney(s) appearing for the Case

F. A. Berry, of Nashville, Tenn., Miller Walton and S. O. Carson, both of Miami, Fla., and Stuart B. Warren, of St. Petersburg, Fla., for appellants.

Morton B. Adams, D. H. Redfearn, and Ira C. Haycock, all of Miami, Fla., for appellee.

Joseph P. Lea, Jr., of Orlando, Fla., amicus curiæ.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

Proceeding under the authority of city ordinance No. 347, adopted March 5, 1940, authorizing its filing, the city on June 27, 1940, filed a petition in municipal bankruptcy for the avowed purpose of compelling acceptance by a few creditors who had not accepted it, and had not been settled with, of a plan which the city by ordinance No. 269 on December 23, 1936, had offered to all its creditors as a voluntary plan, and which had been carried...

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