DeMET v. HARRALSON

No. 25062.

399 F.2d 35 (1968)

Peter DeMET et al., Appellants, v. Allen B. HARRALSON, Trustee in Bankruptcy in the Matter of Sky Bowl, Inc., Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

July 26, 1968.


Attorney(s) appearing for the Case

Eli H. Subin, Robert H. Roth, Orlando, Fla., for appellants.

Robert J. Bertrand, Orlando, Fla., for appellee.

Before TUTTLE and GOLDBERG, Circuit Judges, and HOOPER, District Judge.


GOLDBERG, Circuit Judge:

We are asked to apply the rigors of formal adjudication, sometimes found in usual and conventional adversary litigation, to a proceeding in bankruptcy. Claimants in bankruptcy and appellants here were the organizers and operators of the bankrupt. The referee subordinated their claims to those of other creditors, which determination of subordination was affirmed by the district court. On appeal the appellants seek an unsubordinated allowance...

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