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FLORIDA FIRST CORPORATION v. CESERY

No. 25930.

404 F.2d 257 (1968)

FLORIDA FIRST CORPORATION and Harry M. Bertine, Jr., Appellants, v. Carl V. CESERY, Trustee, et al., Appellees.

United States Court of Appeals Fifth Circuit.

November 25, 1968.

Attorney(s) appearing for the Case

W. O. Birchfield, Jacksonville, Fla., for appellants.

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Frank X. Grossi, Jr., Attys., Dept. of Justice, Washington, D. C., Edward F. Boardman, U. S. Atty., Tampa, Fla., J. D. Raye, William J. Deas, III, Howell & Deas, Jacksonville, Fla., Crombie J. D. Garrett, Atty., Dept. of Justice, Washington, D. C., for appellees; Virginia Q. Beverly, Asst. U. S. Atty., of counsel.

Before TUTTLE and AINSWORTH, Circuit Judges, and MITCHELL, District Judge.

PER CURIAM:

This is an appeal from the denial of the District Court of a petition to review the order of the Referee in Bankruptcy denying appellants' motion to have assets in the hands of the Trustee under a Section XI proceeding impressed with an equitable trust in its favor.

Appellants had, upon an agreement of the Debtor, found a purchaser for the assets of the Debtor within a few weeks of the filing of this Chapter XI proceedings. This had resulted in...

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