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WYNNE v. ROCHELLE

No. 23491.

385 F.2d 789 (1967)

Angus G. WYNNE, Jr., Bankrupt, Appellant, v. William J. ROCHELLE, Jr., Trustee in Bankruptcy, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 13, 1967.

Attorney(s) appearing for the Case

Byron L. Williams, Dallas, Tex., Sydney Krause, New York City, for appellant.

Lawrence L. Beason, Ernest E. Figari, Jr., Dallas, Tex., for intervenors.

William Madden Hill, Arthur S. Goldberg, Dallas, Tex., for appellees.

Before GEWIN and COLEMAN, Circuit Judges, and INGRAHAM, District Judge.

Rehearing En Banc Denied December 13, 1967.

GEWIN, Circuit Judge:

This bankruptcy case involves a novel question as to the power of a district court sitting in bankruptcy to enter a nunc pro tunc order which retroactively adjudicated the appellant a bankrupt. The appellant, Angus G. Wynne, Jr., was adjudged a bankrupt in the United States District Court for the Northern District of Texas on November 24, 1964, pursuant to the second involuntary petition in...

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