IN RE MAY

No. TCA 80-0995.

19 B.R. 655 (1982)

In re Jack C. MAY and De Lena C. May, Bankrupt. GROWTH PROPERTIES OF FLORIDA, LTD., Appellant, v. W. Kirk BROWN, Trustee, Appellee.

United States District Court, N.D. Florida, Tallahassee Division.

April 2, 1982.


Attorney(s) appearing for the Case

L. Ralph Smith, Jr., Tallahassee, Fla., for appellant Growth Properties.

Neil H. Butler, Tallahassee, Fla., for Jack C. May and De Lena C. May.

W. Kirk Brown, Tallahassee, Fla., for trustee.


ORDER

STAFFORD, Chief Judge.

This case is before the court on appeal from the final order entered by the Honorable N. Sanders Sauls, Bankruptcy Division, on September 3, 1980 granting summary judgment in favor of the defendant trustee. Upon review of the case and oral argument of counsel it is the opinion of this court that Judge Sauls' judgment should be affirmed.

It is uncontroverted that by reason of mutual mistake, Jack and De Lena May became...

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