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IN RE CONSTRUCTORS OF FLORIDA, INC.

No. 21448.

349 F.2d 595 (1965)

In the Matter of CONSTRUCTORS OF FLORIDA, INC., Debtor in Reorganization (two cases). AMERICAN SURETY COMPANY OF NEW YORK, Appellant, v. The CORAL GABLES FIRST NATIONAL BANK and John Nicholas, Trustee, Appellees. The CORAL GABLES FIRST NATIONAL BANK, Appellant, v. AMERICAN SURETY COMPANY OF NEW YORK and John Nicholas, Trustee, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 3, 1965.

Attorney(s) appearing for the Case

William L. Gray, Jr., Miami, Fla., Tom Maxey, Coral Gables, Fla., Leo Foster, Tallahassee, Fla., Blackwell, Walker & Gray, Miami, Fla., of counsel, for American Surety Co. of New York, appellant.

W. G. Ward, Ward & Ward, Miami, Fla., for the Coral Gables First Nat. Bank.

John H. Gunn, Miami, Fla., for John Nicholas, Trustee.

William B. Roman, Miami, Fla., Leo L. Foster, Tallahassee, Fla., for Pan American Bank of Miami.

Before TUTTLE, Chief Judge, and PHILLIPS, and WISDOM, Circuit Judges.

PHILLIPS, Circuit Judge:

These appeals are from an order of the United States District Court for the Southern District of Florida entered in a Chapter X reorganization proceeding. The reorganization debtor, Constructors of Florida, Inc., will hereinafter be referred to as Constructors.

A phase of the reorganization proceeding here involved was before this court on a former appeal, Coral Gables First Nat. Bank v. Constructors of Florida, Inc., 5 Cir.,

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