COLEMAN v. ALCOCK

No. 17662.

272 F.2d 618 (1959)

D. C. COLEMAN, Sr., As Trustee of Florida-Carolina Lumber Company, Bankrupt, Appellant, v. Charles ALCOCK, P. J. Davis, Clarence E. Hood, Jr., Individually and As Officers and Directors of Florida Carolina Lumber Company and Southern Creosoted Lumber Co., Inc., Southern Creosoted Lumber Co., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 5, 1960.


Attorney(s) appearing for the Case

H. I. Fischbach, Fischbach & Lurie, Miami, Fla., for appellant.

Harold Friedman, William B. Roman, Miami, Fla., Seymour B. Liebman, Fred R. Baisden, Thomas H. Barkdull, Jr., Miami Beach, for appellees.

Aaron M. Kanner, Miami, Fla., for P. J. Davis.

Sibley, Grusmark, Barkdull & King, Miami Beach, Fla., for Alcock and Hood.

Copeland, Therrel, Baisden & Peterson, Miami Beach, Fla., for Miami Beach First Nat. Bank.

Feibelman & Friedman, Miami, Fla., for Leo Robinson, Dania Bank and Southern Creosoted Lumber Co.

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


JOHN R. BROWN, Circuit Judge.

This case presents the question whether a Trustee in Bankruptcy seeking pursuant to Section 70, sub. e1 to set aside transfers in fraud of creditors under Florida state laws is foreclosed by res judicata by reason of a prior state court judgment2 brought by a judgment creditor against the Bankrupt and those participating in the suspected...

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