SPACH v. FISHER

No. 19510.

310 F.2d 328 (1962)

May SPACH, Trustee, Appellant, v. Herbert M. FISHER, Bankrupt and Drake Operating Co., Inc., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 17, 1963.


Attorney(s) appearing for the Case

Robert R. Frank, Miami Beach, Fla., Louis Phillips, Miami, Fla., Frank & Weston, Miami Beach, Fla., for appellant.

Louis M. Jepeway, Miami, Fla., Shepard Broad, Miami Beach, Fla., Joesph Gassen, Jepeway & Gassen, and Broad & Cassel, Miami Beach, Fla., for respondent.

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


GRIFFIN B. BELL, Circuit Judge.

Appellant, trustee in bankruptcy, petitioned the bankruptcy court for an order requiring the turnover of a security deposit of $133,000 under a lease agreement. The lease was assigned to the bankrupt and Michael J. Leibowitz by the original lessee. The appellee-respondent was the assignee of the original lessor.

The petition alleged that within four months prior to the filing of the voluntary petition in bankruptcy the bankrupt...

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