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MARKOW v. ALCOCK

No. 21502.

356 F.2d 194 (1966)

Herbert L. MARKOW, Successor to J. Mark Stanley, as Trustee of Florida Carolina Lumber Company, Bankrupt, Appellant, v. Charles H. ALCOCK et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 7, 1966.

Attorney(s) appearing for the Case

H. I. Fischbach, Miami, Fla., for petitioner.

John Gale, Miami, Fla., Milton E. Grusmark, Miami Beach, Fla., William B. Roman, Harold Friedman, Miami, Fla., for Eduardo Morales, Pan American Bank of Miami and Southern Creosoted Lumber Company.

Feibelman, Friedman, Hyman & Durant, Miami, Fla., for Leo Robinson, Dania Bank and Southern Creosoted Lumber Co.

Before WISDOM and COLEMAN, Circuit Judges, and DAWKINS, District Judge.

BENJAMIN C. DAWKINS, Jr., District Judge:

This is the third, and hopefully the final, occasion this matter has come before us for decision.1 The action is brought by the Trustee in Bankruptcy of the Florida Carolina Lumber Company (Florida) in which, pursuant to § 70(e) of the Bankruptcy Act, he claims a mortgage transaction in favor of the defendant banks2 was...

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