MATTER OF MOUNT VERNON RESTAURANTS, INC.

No. 28403.

426 F.2d 280 (1970)

In the Matter of MOUNT VERNON RESTAURANTS, INC., Bankrupt. Faye SMITH, Trustee and Creditor-Appellant, v. Hon. Charles W. MERRITT, Referee-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 10, 1970.


Attorney(s) appearing for the Case

Faye Smith, in pro. per.

Jary C. Nixon, Lester I. Levine, Orlando, Fla., Stanley Wolfman, Merritt Island, Fla., Irving Nathanson, Cocoa Fla., Robert G. Cunningham, Jr., Jacksonville, Fla., S. Lindsey Holland, Jr., Titusville, Fla., for referee-appellee.

Before GODBOLD, DYER and MORGAN, Circuit Judges.


PER CURIAM.

The trustee in bankruptcy, who also is the principal creditor of the bankrupt estate, has appealed from an order of the District Judge denying and dismissing her petition for review of an order of the Referee. We affirm the District Court.

The bankrupt, a restaurant, was lessee under a written lease which provided that it should have the right, use and benefit of the lessor's state liquor license, and that the parties should take whatever steps...

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