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EAST COAST ELECTRONICS, INC. v. WALTER E. HELLER & CO. OF FLA.

No. 22186.

355 F.2d 923 (1966)

EAST COAST ELECTRONICS, INC., Debtor, Appellant, v. WALTER E. HELLER & COMPANY OF FLORIDA, Appellee.

United States Court of Appeals Fifth Circuit.

January 24, 1966.

Attorney(s) appearing for the Case

Robert R. Frank, Frank & Strelkow, Miami Beach, Fla., for appellant.

George J. Talianoff, Talianoff & Waller and Harris J. Buchbinder, Miami Beach, Fla., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and FISHER, District Judge.

WISDOM, Circuit Judge:

In a Chapter XI arrangement proceeding, the Referee in Bankruptcy determined in his findings of fact that creditor Walter E. Heller & Company had overcharged the debtor, East Coast Electronics, Inc., $10,667.66 by utilizing a five-day clearance procedure for all remittances. The District Court reversed, for violation of the parole evidence rule, that portion of the Referee's order regarding the overcharge. The debtor appeals.

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