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BEL-BEL INTERN. CORP. v. COMMUNITY BANK OF HOMESTEAD

No. 96-4598.

162 F.3d 1101 (1998)

BEL-BEL INTERNATIONAL CORP., Plaintiff-Appellee-Cross-Appellant, v. COMMUNITY BANK OF HOMESTEAD, Kenneth Graves, Vito Strano, Growers Packing Company, Joseph Torcise, and Codelia Torcise, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 15, 1998.

Attorney(s) appearing for the Case

Rudolph H. Aragon, Aragon, Burlington, Weil & Crockett, PA, Miami, FL, Sylvia Walbolt, Carlton, Fields, St. Petersburg, FL, Alan C. Sundberg, Carlton, Fields, Ward, Emmanuel Smith & Cutler, PA, Tallahassee, FL, David Hywel Leonard, Carlton Fields, Tampa, FL, for Community Bank.

Robert M. Hustead, Homestead, FL, for Graves, Strano and Community Bank.

Martin L. Sandler, Sandler & Sandler, Miami, FL, for Growers Packing, Joseph Torcise and Codelia Torcise.

Paul A. Louis, Frank Nussbaum, Sinclair, Louis, Heath, Nussbaum & Zavertnik, P.A., Miami, FL, David A. Freedman, Shapo, Freedman & Fletcher, PA, Miami, FL, for Appellees.

Before TJOFLAT and BIRCH, Circuit Judges, and RONEY, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

This case is one of many arising out of the bankruptcy of a Florida tomato farming operation owned by Joe Torcise.1 The case before us involves one set of creditors converting property that was pledged as collateral to another creditor. We hold that there is no bar to requiring the converting creditors to return the property they converted, and therefore affirm the judgment of the district court.

I.

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