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IN RE ESM GOVERNMENT SEC., INC.

No. 86-5119.

812 F.2d 1374 (1987)

In re ESM GOVERNMENT SECURITIES, INC., Debtor. Thomas TEW, as Trustee, Plaintiff-Appellee, v. RESOURCE MANAGEMENT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 23, 1987.

Attorney(s) appearing for the Case

Allan E. Mayefsky, Rosenberg & Tulis, New York City, for defendant-appellant.

Richard C. Smith, Miami, Fla., for American Savings & Loan Association of Florida.

Louis Phillips, Phillips & Phillips, Miami, Fla., for City of Hayward.

Sanford L. Bohrer, Thomson, Zeder Bohrer, Werth, Adorno & Razook, Miami, Fla., for City of Harrisburg.

Allan E. Mayesfky, Rosenberg & Tulis, New York City, for Resource Management.

Andrew L. Gordon, Shutts & Bowen, Miami, Fla., for City of Beaumont, Tex.

Thomas R. Lehman, Friedman & Lehman, P.A., Miami, Fla., for Thomas Tew, Trustee.

Before KRAVITCH and HATCHETT, Circuit Judges, and MORGAN, Senior Circuit Judge.

MORGAN, Senior Circuit Judge:

Resource Management (Resource) appeals the district court's denial of its claim to customer status under 11 U.S.C. § 741(2)(A) or (B), and the denial of its alternative secured creditor claim. Resource seeks recovery of funds held by debtor/ESM Government Securities, Inc. (ESM) consisting of principal and interest on securities held by Resource, 56 B.R. 789 (S.D.Fla.1986). We agree with the district...

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