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MATTER OF COMMONWEALTH CORP.

No. 78-2690.

617 F.2d 415 (1980)

In the Matter of COMMONWEALTH CORPORATION, Bankrupt. The FIRST NATIONAL BANK OF MOBILE, Appellant, v. Lee A. EVERHART, Trustee of the Commonwealth Corporation, Appellee.

United States Court of Appeals, Fifth Circuit.

May 19, 1980.

Attorney(s) appearing for the Case

Ulmer, Murchison, Ashby & Ball, Douglas H. Morford, Jacksonville, Fla., for appellant.

Pennington & Wilkinson, Davisson F. Dunlap, Jr., Tallahassee, Fla., for appellee.

Before MORGAN, ANDERSON and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

The First National Bank of Mobile (hereinafter referred to as the Mobile bank) appeals from the decision of the district court denying the motion of the Mobile bank for leave to file an amended claim in a Chapter X proceeding1 approximately three years and four months after the bar date fixed by the district court pursuant to Bankruptcy Rule 10-401(b)(1).

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