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YORK v. FLORIDA SOUTHERN CORPORATION

No. 19867.

310 F.2d 109 (1962)

W. D. YORK, Appellant, v. FLORIDA SOUTHERN CORPORATION et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 27, 1962.

Attorney(s) appearing for the Case

Robert C. Ward, Miami, Fla., Charles R. Vickery, Jr., and Liddell, Austin, Dawson & Sapp, Houston, Tex., Charles Sapp, Ward & Ward, W. G. Ward, Miami, Fla., for appellant.

Bolles & Prunty, John W. Prunty, Richard M. Winokur, Miami, Fla., for trustee.

Thomas H. Wakefield, Bruce L. Barfield, Henry M. Sinclair, Miami, Fla., David Ferber, Washington, D. C., Peter A. Dammann, General Counsel, Aaron Levy, Assistant Director, Division of Corporate Regulation, Paul Gonson, Robert W. Cox, Attorneys, Securities and Exchange Commission, Washington, D. C., for other appellees.

Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and JOHNSON, District Judge.

PER CURIAM.

This is an appeal by the holder of a second mortgage for $600,000 from two orders of the district court denying his request that the debtor's voluntary petition for reorganization be dismissed for lack of good faith, as defined in Section 146(3) of Chapter X (11 U.S.C. § 546(3)). There having been a public subscription for the stock in the corporation, the Securities & Exchange Commission is a party to the proceedings, pursuant to Section 208...

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