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J. HENRY SCHROEDER BANKING v. BLUMENTHAL

No. 74-2586.

560 F.2d 1192 (1977)

J. HENRY SCHROEDER BANKING CORP., Plaintiff-Appellee, v. W. Michael BLUMENTHAL, Secretary of the Treasury of the United States, et al., Defendants-Appellees-Cross-Appellants. BEN R. HENDRIX TRADING CO., INC., Plaintiff-Appellant-Cross-Appellee, v. J. HENRY SCHROEDER BANKING CORP. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 13, 1977.

Attorney(s) appearing for the Case

Benjamin S. Hardy, Brownsville, Tex., Glenn L. Morgan, New Orleans, La., for plaintiff-appellant.

Asa V. Bland, Jr., Charles C. Murray, McAllen, Tex., Russell R. Barron, for Schroeder Banking Corp. et al.

James R. Clopton, McAllen, Tex., for V. Guerra.

Ralph L. Alexander, Edinburg, Tex., for Alamo Express, Inc., et al.

Edward B. McDonough, Jr., U. S. Atty., William L. Bowers, Jr., James R. Gough, Jr., Asst. U. S. Attys., Houston, Tex., for Secy. of Treasury.

Before BROWN, Chief Judge, HILL and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 13, 1977.

JOHN R. BROWN, Chief Judge:

This lawsuit involves goods, principally liquor, in Customs' bond which were seized from the bonded warehouses in two Texas counties. Due to the voluntary filing of an arrangement under Chapter XI of the Bankruptcy Act, followed by a judicial sale to which all parties consented, we hold that the issue of an earlier-challenged seizure of the liquor is now moot.

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