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MONGIELLO BROS. COAL CORP. v. HOUGHTALING PROPERTIES INC.

No. 19558.

309 F.2d 925 (1962)

MONGIELLO BROS. COAL CORP., Appellant, v. HOUGHTALING PROPERTIES INCORPORATED and 95th Street Center, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

November 14, 1962.

Attorney(s) appearing for the Case

Guion T. DeLoach, Miami, Fla., for appellant.

J. Edward Worton, W. G. Ward, Miami, Fla., Ward & Ward, Miami, Fla., of counsel, for appellees.

Before JONES and BELL, Circuit Judges, and ESTES, District Judge.

GRIFFIN B. BELL, Circuit Judge.

Appellant, a mortgagee, appeals from the denial of a motion to dissolve an order staying the sale of the mortgaged property under foreclosure decree obtained in state court, and from the order granting the stay. We have jurisdiction under Title 11, §§ 47 and 521. Caplan v. Anderson, 5 Cir., 1958, 256 F.2d 416.

The record, as supplemented, shows the following undisputed facts. A mortgage...

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