IN RE HALLMARK MEDICAL SERVICES, INC.

No. 72-2440.

475 F.2d 801 (1973)

In the Matter of HALLMARK MEDICAL SERVICES, INC., et al., Debtors. Isaac MIZRAHI et al., Appellants, v. William H. MARTIN, Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 18, 1973.


Attorney(s) appearing for the Case

Charles L. Neustein, Miami, Fla., for Heiman and Crary.

Marvin E. Barkin, Tampa, Fla., W. K. Zewadski, St. Petersburg, Fla., for trustee.

Preston O. Cockey, Jr., Leonard H. Gilbert, Tampa, Fla., for debenture holders.

Before WISDOM, BELL and COLEMAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 18, 1973.

WISDOM, Circuit Judge:

In this case a group of unsecured creditors in a Chapter X bankruptcy seeks priority ranking under the so-called "six months rule." The appellant-creditors contend that this rule allows priority to all creditors who furnish credit to a corporate debtor within six months before the appointment of a trustee if such credit is necessary to the continued operation of the debtor. The district...

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