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CITY BUILDING CORPORATION v. FARISH

No. 18805.

292 F.2d 620 (1961)

CITY BUILDING CORPORATION, Appellant, v. Jos. D. FARISH, Jr., as Trustee of the Estate of Eugene T. O'Keefe, Bankrupt, and not individually, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 30, 1961.

Attorney(s) appearing for the Case

Charles H. Warwick, III, Warwick, Paul & Warwick, West Palm Beach, Fla., for appellant.

Sidney M. Dubbin, Farish & Farish, West Palm Beach, Fla., for appellee.

Before JONES and BROWN, Circuit Judges, and DE VANE, District Judge.

JONES, Circuit Judge.

The appellant, City Building Corporation, made a written lease of mercantile property in Palm Beach County, Florida, to Eugene T. O'Keefe at a stated monthly rental of $600.00. On November 4, 1958, the appellant instituted in a Florida court a proceeding of distress for rent, levy upon the goods of O'Keefe was made by the sheriff on November 8, 1958, and judgment was entered on November 15, 1958, for $3,689.40, representing six months' rent in...

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