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FRAZIER v. ASH

No. 15828.

234 F.2d 320 (1956)

R. W. FRAZIER and A. Wertheimer, as Receivers of 8701 Collins Avenue, Inc., Alleged Bankrupt, Appellants, v. Harrison O. ASH, Appellee. Harrison O. ASH, Cross-Appellant, v. R. W. FRAZIER and A. Wertheimer, as Receivers of 8701 Collins Avenue, Inc., Alleged Bankrupt, Cross-Appellees.

United States Court of Appeals Fifth Circuit.

June 5, 1956.

Attorney(s) appearing for the Case

Paul G. Hyman, Harold Friedman, Britton, Hodges & Hyman, Feibelman & Friedman, Miami, Fla., for appellants.

John H. Wahl, Jr., Miami, Fla., Wendell A. Falsgraf, Cleveland, Ohio, Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, Fla., for Harrison O. Ash. Falsgraf, Reidy & Shoup, Cleveland, Ohio, of counsel.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

JONES, Circuit Judge.

A petition in bankruptcy was filed against 8701 Collins Avenue, Inc. Its principal assets were the Biltmore Terrace Hotel on the ocean front at Miami Beach, Florida, the leasehold interest in the land upon which it was built and upon an adjoining tract, and the furniture, furnishings and equipment of the hotel. Most, perhaps all, of the bankrupt's interests were encumbered by mortgages or other liens. The appellants, R. W. Frazier and A. Wertheimer...

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