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GREEN v. H. E. BUTT FOUNDATION

No. 15031.

217 F.2d 553 (1954)

John Plath GREEN, Trustee of the Estate of Texas Pool Corporation, Bankrupt, v. H. E. BUTT FOUNDATION et al.

United States Court of Appeals Fifth Circuit.

December 9, 1954.

Attorney(s) appearing for the Case

Wm. J. Rochelle, Jr., Dallas Tex., Palmer & Rochelle, Dallas Tex., for appellant.

Philip Silverberg, John A. Pace, Dallas, Tex., Philip Schraub, James McCollum Burnett, J. Marvin Ericson, Robert E. Haegelin, Hale & Schraub, Lewright, Dyer, Sorrell & Redford, Corpus Christi, Tex., Scurry, Scurry & Pace, Davidson & Silverberg, Dallas Tex., for appellees.

Before HOLMES and TUTTLE, Circuit Judges, and ALLRED, District Judge.

HOLMES, Circuit Judge.

This appeal is from an order of the district court, made by the district judge, which reversed and held for naught an order of the referee in bankruptcy with reference to a debt in the sum of $30,786.35, which the appellant claims was the balance due the bankrupt by the H. E. Butt Foundation, at the time of bankruptcy. Said sum is claimed to be due the contractor for the construction of a swimming pool near Corpus Christi, Texas. The contract...

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