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MATTER OF J. BAIN, INC.

No. 77-1350 Summary Calendar.

554 F.2d 255 (1977)

In the Matter of J. BAIN, INC., d/b/a Modernage Furniture, Bankrupt. N. R. FIELD and Janet Knox Field, Appellants, v. W. C. HERRELL, Trustee in Bankruptcy, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 16, 1977.

Attorney(s) appearing for the Case

A. N. Spence, John P. McNutt, Miami, Fla., for appellants.

Thomas H. Wakefield, Robert G. Hewitt, Miami, Fla., for appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

RONEY, Circuit Judge:

In this case appellants seek, as a cost of administration from a bankruptcy trustee in possession of leased premises, a full year's real estate tax paid by the landlord during the trustee's possession. The lease provided for payment of the real estate taxes by the lessee, now bankrupt. The bankruptcy court allowed only a portion of the annual taxes, prorated over the period during which the trustee was...

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