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PORTERFIELD v. GERSTEL

No. 14913.

222 F.2d 137 (1955)

C. B. PORTERFIELD and Morris Margulis, Intervenors, Appellants, v. L. M. GERSTEL, Receiver of Metal Extrusions, Inc., Bankrupt, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 10, 1955.

Attorney(s) appearing for the Case

Thomas H. Anderson, Miami, Fla., Marion E. Sibley, Miami Beach, Fla., Joseph Gassen, Sibley & Davis, Miami Beach, Fla., Anderson & Nadeau, Miami, Fla., for appellants.

Marx Faber, Herbert U. Feibelman, Harold Friedman, Miami, Fla., Feibelman & Friedman, Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

TUTTLE, Circuit Judge.

This appeal presents the question as to whether the District Court erred in ratifying and confirming an order of the Referee in Bankruptcy for the Miami Division of the Southern District of Florida dismissing a petition on behalf of owners of 50% of the common stock of a corporate voluntary petitioner in bankruptcy, who were also two of five directors of the corporation, protesting the adjudication and seeking to have it set aside on the ground...

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