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CITY OF FORT LAUDERDALE v. FREEMAN

No. 14757.

217 F.2d 600 (1954)

CITY OF FORT LAUDERDALE, Appellant and Cross-Appellee, v. D. D. FREEMAN, Trustee in Bankruptcy, et al., Appellees and Cross-Appellants. D. D. FREEMAN, Trustee in Bankruptcy, et al., Appellees and Cross-Appellants, v. CITY OF FORT LAUDERDALE, Appellant and Cross-Appellee.

United States Court of Appeals Fifth Circuit.

December 14, 1954.

Attorney(s) appearing for the Case

C. A. Hiaasen, James M. Crum, and K. Odel Hiaasen of McCune, Hiaasen & Kelley, Fort Lauderdale, Fla., for City of Fort Lauderdale, appellant and cross-appellee.

R. Bruce Jones, West Palm Beach, Fla., T. F. Fleming, John W. Fleming, Fort Lauderdale, Fla., Charles H. Warwick, Jr., West Palm Beach, Fla., Fleming, O'Bryan & Fleming, Fort Lauderdale, Fla., for trustee.

Earnest, Lewis, Smith & Jones, and Warwick, Paul & Warwick, West Palm Beach, Fla., for debtor and bankrupt.

Before HOLMES, BORAH, and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

This is a bankruptcy case that was previously before this court on an appeal by the appellant, which was dismissed. 5 Cir., 197 F.2d 122. At that time, appellant was seeking to gain possession of its real property, which had been retained in the debtor's possession and latter was in the possession of the trustee. Shortly after the dismissal of that appeal, the bankruptcy court entered an order giving possession...

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