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IN RE SOUDER

Nos. 71-1160, 71-1710 Summary Calendar.

449 F.2d 284 (1971)

In the Matter of Frank William SOUDER, Jr., Bankrupt (Two Cases). Francis D. O'CONNOR, Trustee, Appellant, v. Trudy TAPPAN et al., Appellees. James E. MOORE, Jr., and Sally H. Moore, Appellants, v. Francis D. O'CONNOR, Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

September 24, 1971.

Attorney(s) appearing for the Case

Harry G. Carratt, Ft. Lauderdale, Fla., Morgan, Carratt & O'Connor, Fort Lauderdale, Fla., for Francis D. O'Connor, Trustee, appellant.

Feibelman, Friedman, Britton & Stettin, Ft. Lauderdale, Fla., John L. Britton, Atty., Miami, Fla., Carl V. Wisner, Jr., Ft. Lauderdale, Fla., for appellees.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge.

This case comes to us on two separate appeals from the Southern District of Florida. The first concerns whether the Referee in Bankruptcy and the United States District Judge were correct in holding that the appellants, James E. Moore, Jr., and Sally H. Moore, did not acquire any lien as against the trustee when the appellants filed their suit against the bankrupt in the Circuit Court of Broward County, Florida.

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