HUGHES v. DASH

No. 19625.

309 F.2d 1 (1962)

David HUGHES, Trustee, Appellant, v. Evelyn DASH, Appellee

United States Court of Appeals Fifth Circuit.

October 23, 1962.


Attorney(s) appearing for the Case

Paul G. Hyman, Don G. Nicholson, Nicholson, Howard & Brawner and Feibelman, Friedman, Hyman & Durant, Miami, Fla., for appellant.

Edwin C. Ratiner, James Guilmartin, Stanley Jay Bartel, Miami, Fla., for appellee.

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


GRIFFIN B. BELL, Circuit Judge.

Appellant is trustee in bankruptcy of Lehman Lumber Company, Ltd., a Florida limited partnership, duly adjudicated bankrupt upon a voluntary petition. Appellee was a limited partner in the bankrupt.

Appellant filed a petition in the bankruptcy proceeding to determine the validity, amount and priority of liens claimed by appellee wherein he alleged that a mortgage held by appellee on certain...

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