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TUCKER v. DR. P. PHILLIPS CO.

No. 10774.

139 F.2d 601 (1943)

TUCKER v. DR. P. PHILLIPS CO., Inc., et al.

Circuit Court of Appeals, Fifth Circuit.

December 29, 1943.

Attorney(s) appearing for the Case

A. R. Johnson and Newman T. Miller, both of West Palm Beach, Fla., for appellant.

O. B. Simmons, Jr., of Miami, Fla., and Hugh Akerman, of Orlando, Fla., for appellees.

Before HUTCHESON and HOLMES, Circuit Judges, and RUSSELL, District Judge.

HOLMES, Circuit Judge.

This is a suit by the trustee in bankruptcy of Southern Roadside Restaurants, Inc., against the appellees for an accounting for moneys of the bankrupt alleged to have been wrongfully appropriated. The court below held that no wrongful appropriation of the funds was proven, and directed a verdict for the defendants. The trustee has appealed.

In 1940, Locar, Inc., by written contract agreed to lease to Howard Johnson, Inc., certain real...

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