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IN RE FLORIDA EAST COAST RY. CO.

No. 14163.

201 F.2d 325 (1953)

In re FLORIDA EAST COAST RY. CO. ATLANTIC COAST LINE R. CO. v. ST. JOE PAPER CO. et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 2, 1953.

Attorney(s) appearing for the Case

Edward W. Bourne, New York City, Charles Cook Howell and R. B. Gwathmey, Wilmington, N. C., Charles Cook Howell, Jr., Jacksonville, Fla., for appellant.

Giles J. Patterson, Jacksonville, Fla., Miller Walton, Miami, Fla., Howard P. Macfarlane, Tampa, Fla., Donald Russell, Spartanburg, S. C., Clifton S. Thomson, New York City, Sidney S. Alderman and Edward J. Hickey, Jr., Washington, D. C., Cyril C. Copp, Chester Bedell, Henry P. Adair, David Russell and Clarence G. Ashby, Jacksonville, Fla., J. R. Turney, Washington, D. C., Guy W. Botts, Jacksonville, Fla., Henry L. Walker, Washington, D. C., H. P. Osborne, Jacksonville, Fla., Walter H. Brown, Jr., and Harold J. Gallagher, New York City, for appellees.

J. Turner Butler, Jacksonville, Fla., and Fred N. Oliver and Willard P. Scott, New York City, for Lynch Interests.

Russell L. Frink, Jacksonville, Fla., for debtor's trustees.

Before HUTCHESON, Chief Judge, and HOLMES, BORAH, RUSSELL, and RIVES, Circuit Judges.

HUTCHESON, Chief Judge.

On the former appearance of this case here, all the controlling questions of law presented on this appeal were considered and determined, and what we write with respect to them this time will be but a rethreshing of old straw. Because this is so, and particularly because the judgment appealed from and the reasons given in support of it in the trial judge's opinion1 run counter to, indeed, if given effect would rewrite...

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