IN RE LUDLUM ENTERPRISES, INC.

No. 74-1039. Summary Calendar.

493 F.2d 1345 (1974)

In the Matter of LUDLUM ENTERPRISES, INC., Bankrupt. J. B. BOOHER and Daniel Wincor, Appellants, v. David S. SEARLES, Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

May 13, 1974.


Attorney(s) appearing for the Case

J. B. Booher and Daniel Wincor, pro se.

Friedman, Britton & Stettin, Herbert Stettin, Miami, Fla., for appellee.

Robert W. Rust, U. S. Atty., Miami, Fla., for the United States.

Before BELL, SIMPSON and MORGAN, Circuit Judges.


SIMPSON, Circuit Judge:

Appellants Booher and Wincor have appealed an adverse finding by the referee in bankruptcy, affirmed on petition for review by the district court, as to the priority of their interest in the assets of the bankrupt. The sole question before us is whether the amended involuntary petition in bankruptcy which formed the basis for the adjudication dates from its filing or relates back under F.R.Civ.P. 15(c) to the filing date of the original petition...

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