INVESTMENT FUNDS CORPORATION v. BOMAR

No. 19006.

303 F.2d 592 (1962)

INVESTMENT FUNDS CORPORATION et al., Appellants, v. Thomas BOMAR, Trustee of Kitimat Corporation, Appellee.

United States Court of Appeals Fifth Circuit.

May 30, 1962.


Attorney(s) appearing for the Case

John J. Intravia, Fort Lauderdale, Fla. (Intravia & Wyman, Fort Lauderdale, Fla., of counsel), for appellants.

Thomas B. DeWolf, Miami, Fla., C. Shelby Dale, Fort Lauderdale, Fla., Helliwell, Melrose & DeWolf, Miami, Fla., for appellee, Thomas J. Bomar, trustee.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.


TUTTLE, Chief Judge.

The District Court appointed a Special Master to hear the claims which were asserted by the appellants against the appellee, the trustee in bankruptcy of the Kitimat Corporation. The claims were based on certain loans which had been made by the appellants to the bankrupt in 1958. The Special Master denied the claims on the ground that the loans were usurious under the applicable Florida law and were therefore not recoverable against the trustee...

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