IN RE FLORIDA EAST COAST RY. CO.

No. 14212.

201 F.2d 332 (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.

January 19, 1953.


Attorney(s) appearing for the Case

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

Miller Walton, John E. Cicero, Acting City Atty., Miami, Fla., Clifton S. Thomson, New York City, H. P. Osborne, Jacksonville, Fla., Howard P. Macfarlane, Tampa, Fla., Chester Bedell, Cyril C. Copp, Giles J. Patterson, Henry P. Adair and Clarence G. Ashby, Jacksonville, Fla., Donald Russell, Spartanburg, S. C., for appellees.

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

This appeal from an order1 authorizing the trustees of the property of the debtor to purchase 2464 shares of the capital stock of Fruit Growers Express Company is ancillary to, and was submitted with, the appeal in No. 14163 on the docket of this court 201 F.2d 325. It attacks, as improvident and unauthorized and an invasion of the province...

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