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BERRY v. ROOT

No. 11174.

148 F.2d 945 (1945)

BERRY et al. v. ROOT et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 17, 1945.

Attorney(s) appearing for the Case

Miller Walton and Edwin L. Hubbard, both of Miami, Fla., for appellants.

Ralph M. Ketcham and Olin E. Watts, both of Jacksonville, Fla., for appellee C. J. Root.

W. Terry Gibson, of West Palm Beach, Fla., for appellee Fiduciary Counsel, Inc., and Augustus T. Ashton.

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

Roger Edward Davis, of Miami, Fla., for appellee Parker Maxwell.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

SIBLEY, Circuit Judge.

This is an effort by attorneys to obtain an allowance by the bankruptcy court for fees for defeating a municipal bankruptcy proceeding, to be charged proportionately against all creditors benefitted thereby.

A municipal composition of bonded indebtedness under Chapter 9 of the Bankruptcy Act, 11 U.S.C.A. § 401 et seq., was undertaken by City of Coral Gables, whereby new bonds for less amounts would have been issued. The plan was...

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