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POWELL v. LOUNEL, INC.

No. 12537.

173 F.2d 743 (1949)

POWELL et al. v. LOUNEL, Inc.

United States Court of Appeals Fifth Circuit.

April 4, 1949.

Attorney(s) appearing for the Case

Gustav Feuer, H. Reid DeJarnette, and W. M. O'Bryan, all of Miami, Fla., for appellants.

Isaac Joffe and Donald J. Eanett, both of Miami, Fla., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

This is a proceeding in bankruptcy to determine whether the lien of a landlord on the restaurant equipment in the leased premises is superior to the lien of the chattel mortgage of the vendor of the same property. The Referee in Bankruptcy made the following findings of fact:

"Frances K. Powell and George C. Powell, during the year 1947, were operating a restaurant at 525 41st Street, Miami Beach, Florida. They entered into negotiations...

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