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FLORIDA TRAILER AND EQUIPMENT COMPANY v. DEAL

No. 18262.

284 F.2d 567 (1960)

FLORIDA TRAILER AND EQUIPMENT COMPANY, Appellant, v. Wiley R. DEAL, as Trustee in Bankruptcy of the Bankrupt, Farley Taylor, d/b/a Taylor Bodies, and the City National Bank of Dothan, Appellees.

United States Court of Appeals Fifth Circuit.

November 23, 1960.

Attorney(s) appearing for the Case

Truman Hobbs, Montgomery, Ala., Douglas Brown, Ozark, Ala., Brown & Steagall, Henry B. Steagall, II, Ozark, Ala., Hugh R. Dowling, Jacksonville, Fla., for appellant.

J. Robert Ramsey, W. G. Hardwick, G. M. Harrison, Dothan, Ala., for appellees.

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

BROWN, Circuit Judge.

This appeal really presents the question whether there was such an abuse of discretion in the Referee's approval of a proposed settlement that the District Court erred in not setting it aside. We emphasize really because the Objecting Creditor (now appellant) in the hearing before the Referee, on the petition of review in the District Court and again here in briefs and arguments, persists in treating the matter as though this were an appeal...

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