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IN RE AMERICAN SOUTHERN PUBLISHING COMPANY

No. 27558.

426 F.2d 160 (1970)

In the Matter of AMERICAN SOUTHERN PUBLISHING COMPANY, Bankrupt. The FIRST NATIONAL BANK OF MOBILE, Appellant, v. George Lewis BAILES, Jr., the Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied May 25, 1970.

Attorney(s) appearing for the Case

T. Massey Bedsole, Louis Braswell, Mobile, Ala., for appellant.

R. Clifford Fulford, Birmingham, Ala., for appellee.

Before BELL, AINSWORTH, and CARSWELL, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied May 25, 1970.

BELL, Circuit Judge:

This appeal arises out of a turn-over proceeding brought by a trustee in bankruptcy against The First National Bank of Mobile to recover funds derived from the sale of certain books. The trustee and the bank had previously stipulated that the books would be sold and that the question whether the bankruptcy court had summary jurisdiction...

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