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GIBBS v. HICKS

Nos. D-321, D-396.

146 So.2d 391 (1962)

George W. GIBBS, Jr., Appellant, v. Douglas M. HICKS, Jr., As Trustee of Gibbs Corporation Retirement Trust Fund, Gibbs Corporation, General Capital Corporation and Gibbs Shipyards, Inc., Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied November 28, 1962.

Attorney(s) appearing for the Case

Bedell, Bedell & Dittmar, Jacksonville, for appellant.

Harold B. Wahl, Reinstine, Reinstine & Panken, Arthur J. Gutman, John D. Corse, Jacksonville, George J. Talianoff, Miami Beach, for appellees.

CARROLL, DONALD K., Chief Judge.

These appeals are from a final and an interlocutory decree entered by the Circuit Court for Duval County in a suit to foreclose a chattel mortgage.

The basic facts appearing in the voluminous record are briefly as follows: On December 16, 1960, the Gibbs Corporation borrowed $300,000 from its retirement trust fund and executed a promissory note in that amount in favor of the fund's trustee, the plaintiff-appellee. The note...

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