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IN RE KEN BOATMAN, INC.

No. 73-2673.

504 F.2d 924 (1974)

In the Matter of KEN BOATMAN, INC., d/b/a Boatman Motel. L. E. CREEL, III, Receiver for J'Ville Homes, Inc., Appellant, v. KEN BOATMAN, INC. d/b/a Boatman Motel, and Bert Harper, Trustee, Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 10, 1975.

Attorney(s) appearing for the Case

M. Douglas Adkins, Dallas, Tex., Daniel T. Murchison, Natchitoches, La., for appellant.

Archie M. Simon, Shreveport, La., for Bert Harper.

J. S. Pickett, Sr., Many, La., Harvey Lewis, Tucker H. Couvillon, III, New Orleans, La., for Susan R. Hippler, et al.

Dewey E. Burchett, Jr., Bossier City, La., for Shreveport Utility Co. and Bert Harper.

Donald G. Kelly, Natchitoches, La., for Bill Dowden and Bert Harper.

Before JONES, THORNBERRY and COLEMAN, Circuit Judges.

JONES, Circuit Judge:

The evidentiary facts from which this appeal arises are, for the most part, undisputed.

On May 13, 1970, Susan R. Hippler and seven others, herein called the Hippler heirs, made a written lease of land in Sabine Parish, Louisiana, to Trail Inns of America, Inc., for a ten year term commencing June 9, 1970. The lease was filed for record May 27, 1970. The lease gave the lessee an option to purchase and it contained a provision that any...

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