ASHTON v. TOWN OF DEERFIELD BEACH

No. 11383.

155 F.2d 40 (1946)

ASHTON v. TOWN OF DEERFIELD BEACH, BROWARD COUNTY, FLA.

Circuit Court of Appeals, Fifth Circuit.

April 26, 1946.


Attorney(s) appearing for the Case

W. Terry Gibson, Herbert T. Gibson, and Samuel H. Adams, all of West Palm Beach, Fla., and Augustus T. Ashton, of Philadelphia, Pa., for appellant.

Morton B. Adams, of Miami, Fla., and Elliott Adams, of Jacksonville, Fla., for appellee.

Before SIBLEY, WALLER, and LEE, Circuit Judges.


SIBLEY, Circuit Judge.

Appellant Ashton, owning $6,000 of $323,000 principal of outstanding bonds issued by appellee dated January 1, 1926, appeals from an interlocutory decree approving a plan of composition under Chapter IX of the Bankruptcy Act, 11 U.S.C.A. § 401 et seq., and following, and especially by virtue of subsection j of Section 83, 11 U.S.C.A. 403, sub. j, in that bondholders who had accepted refunding bonds under a plan made operative in 1937 were...

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