HULSART v. HOOPER

No. 17894.

274 F.2d 403 (1960)

Dexter D. HULSART, Appellant, v. Perry O. HOOPER, as Trustee of Stremming Veneer Company, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 23, 1960.


Attorney(s) appearing for the Case

Fred S. Ball, Montgomery, Ala., DeVane K. Jones, Aubrey Dominick, Tuscaloosa, Ala., for appellant.

Jack Crenshaw, Montgomery, Ala., for appellee.

Before HUTCHESON, TUTTLE and BROWN, Circuit Judges.


HUTCHESON, Circuit Judge.

This is an appeal from a judgment in a bankruptcy proceeding in which, adopting as his own the memorandum opinion, the findings of fact and the conclusions of law of the referee, denying appellant's petition to foreclose his mortgage for the full amount of his claims, the district judge made the referee's order the judgment of the court.

A contest below and here between a mortgage creditor, claiming under open end provisions of two...

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