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SMYTH v. ASPHALT BELT RY. CO.

No. 4214.

12 F.2d 14 (1926)

SMYTH et al. v. ASPHALT BELT RY. CO. et al.

Circuit Court of Appeals, Fifth Circuit

March 16, 1926.

Attorney(s) appearing for the Case

Robert H. Kelley, of Houston, Tex., and Ike S. Kampman and Henry P. Burney, both of San Antonio, Tex. (T. W. Gregory and Frank Andrews, both of Houston, Tex., on the brief), for appellants.

G. W. Wharton, of Fort Worth, Tex., and Mason Williams, R. J. Boyle, and John D. Wheeler, all of San Antonio, Tex. (Thompson, Barwise & Wharton, of Fort Worth, Tex., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

On July 23, 1923, appellants, hereafter called plaintiffs, filed a bill in the District Court for the Western District of Texas, at San Antonio, against the Asphalt Belt Railway Company, the San Antonio, Uvalde & Gulf Railroad Company, and A. R. Ponder, receiver of the latter railroad, appellees, hereafter called defendants, alleging that the Asphalt Belt Railway Company was owned and controlled by the San Antonio, Uvalde & Gulf Railroad...

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