Glenn D. Wilcox, Trustee in Bankruptcy for Roundtree Building Corp., Appellant, v. H. L. Cox & Son, Appellee, 338 F.2d 51 (5th Cir. 1964)

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US Court of Appeals for the Fifth Circuit - 338 F.2d 51 (5th Cir. 1964) October 29, 1964
Rehearing Denied November 27, 1964

Herbert L. Markow, Miami, Fla., for appellant.

Paul G. Hyman and Feibelman, Friedman, Hyman & Britton, Miami, Fla., for appellee.

Before JONES and GEWIN, Circuit Judges, and ESTES, District Judge.


The Trustee in Bankruptcy, acquiescing in an agreement of which he had full knowledge, permitted funds to be disbursed pursuant to the agreement and in accordance with custom and subsequently objected to the distribution and sought a turnover order to require payment to him of a portion of the fund distributed. The Referee declined to issue a turnover order. The district court affirmed the Referee and the Trustee in Bankruptcy has appealed. No error is shown. The judgment of the district court is