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DEAUVILLE ASSOCIATES v. ERISTAVI-TCHITCHERINE

No. 12436.

173 F.2d 745 (1949)

DEAUVILLE ASSOCIATES, Inc. v. ERISTAVI-TCHITCHERINE et al.

United States Court of Appeals Fifth Circuit.

Petitions for Rehearing and Motion to Strike Portion of Petition for Rehearing Denied May 2, 1949.

Attorney(s) appearing for the Case

James Lathero, of Miami, Fla., David Sholtz, of New York City, and Samuel H. Rubin, of Detroit, Mich., for appellant.

John M. Murrell, of Miami, Fla., Frederick J. Ward, Jr., of Miami Beach, Fla., and Roger Edward Davis and J. M. Flowers, both of Miami, Fla., for appellees.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

PER CURIAM.

The fact that appellant, who sought to intervene in the Court below, had acquired its alleged interest in the subject matter of this litigation from parties who violated an injunction of the Court in transferring such interest to the petitioner, should not necessarily defeat or destroy whatever right, title, and interest in such property that the petitioner acquired from such contemnor. The Court in such circumstances has the unquestioned right and power...

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