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E.F. HUTTON & CO., INC. v. HADLEY

No. 89-3394.

901 F.2d 979 (1990)

E.F. HUTTON & CO., INC., Petitioner-Appellant, v. George HADLEY, Bankruptcy Trustee, Inc., Trustee for the liquidation of GIC Government Securities, Inc., Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended May 24, 1990.

Attorney(s) appearing for the Case

Richard Candelora, Tampa, Florida, Marvin E. Barkin, for petitioner-appellant.

Michael C. Addison, Randolph A. Fabal, Charles Ketchey, Jr., Tampa, Fla., for respondent-appellee.

Before FAY and COX, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

FAY, Circuit Judge:

This case requires determination of whether or not a bankruptcy trustee can assert the claims of customer creditors, who have paid the bankrupt in full for securities purchased for them by the bankrupt. Based upon its previous finding of standing for the bankruptcy trustee to pursue these creditor claims pursuant to a motion to dismiss, the district court denied summary judgment on the issue of standing and also certified this question pursuant...

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