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SPACH v. BRYANT

No. 19079.

309 F.2d 886 (1962)

May SPACH, Edwin L. Hubbard and John Nicholas, as Co-Trustees of B & L Farms Co., a Florida corporation, Bankrupt, and Davison Chemical Co., a division of W. R. Grace & Company, International Minerals & Chemical Corporation, American Machinery Corp., Wilson & Toomer Fertilizer Company and Hoyt Bragdon, as Trustee for stockholders of Trueman Fertilizer Company, a dissolved Florida corporation, Appellants, v. Robin I. BRYANT and Clarence A. Lounsbury, Appellees.

United States Court of Appeals Fifth Circuit.

November 21, 1962.

Attorney(s) appearing for the Case

Edwin L. Hubbard, Coral Gables, Fla., Ralph H. Martin, Jacksonville, Fla., William P. Tomasello and Monterey Campbell, Bartow, Fla., John W. Hardwicke, Baltimore, Md., Irving Vichness, Newark, N. J., for appellants.

B. E. Hendricks, Robert E. Venney, Hendricks & Hendricks, Miami, Fla., for appellees.

Before JONES, WISDOM and GEWIN Circuit Judges.

GEWIN, Circuit Judge.

This is an appeal from a judgment of the District Court for the Southern District of Florida refusing to subordinate certain claims of the appellees, Robin I. Bryant and Clarence A. Lounsbury, filed by them against a bankrupt corporation, to the rights of other unsecured creditors.

B & L Farms, a Florida corporation, filed a Plan of Arrangement under Chapter 11 of the Bankruptcy Act1 in August of 1958...

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