Summary
In Metairie Cemetery, the Fifth Circuit Court of Appeals held that a cemetery corporation's funds were held in trust for the benefit of "the burial lot owners and their heirs" and the distribution of income to the cemetery corporation from the trust constituted compensation to the corporation.
Summary of this case from Mich. Mem'l Park, Inc. v. United StatesOpinion
No. 18417.
September 13, 1960. Rehearing Denied October 12, 1960.
J. Edward Worton, Miami, Fla., for appellants.
David C. Clark, Asst. U.S. Atty., Miami, Fla., for appellee.
Before RIVES, Chief Judge, and TUTTLE and JONES, Circuit Judges.
This appeal is from an order denying motions of the appellants to suppress and for return of property seized, incident to the arrest of appellants for offenses presently being prosecuted by criminal information. The appellee moves to dismiss the appeal on the ground that the judgment of the district court was interlocutory and not appealable. We agree. See Zacarias v. United States, 5 Cir., 1958, 261 F.2d 416, certiorari denied 359 U.S. 935, 79 S.Ct. 650, 3 L.Ed.2d 637; Peterson v. United States, 5 Cir., 1958, 260 F.2d 265.
The appeal is therefore
Dismissed.