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WESTMORELAND BRICK CO. v. UNITED STATES MALLEABLE IRON CO.

No. 4754.

16 F.2d 371 (1926)

WESTMORELAND BRICK CO. v. UNITED STATES MALLEABLE IRON CO. et al.

Circuit Court of Appeals, Sixth Circuit.

December 11, 1926.

Attorney(s) appearing for the Case

George R. Effler, of Toledo, Ohio (Fraser, Hiett, Wall & Effler, H. W. Fraser, and George R. Effler, all of Toledo, Ohio, on the brief), for appellants.

Robert Newbegin, of Toledo, Ohio (Doyle & Lewis, Howard Lewis, and Robert Newbegin, all of Toledo, Ohio, on the brief), for appellees.

Newton A. Tracy and E. J. Marshall, both of Toledo, Ohio, for receiver Dunn.

Before DENISON and MOORMAN, Circuit Judges, and HOUGH, District Judge.

MOORMAN, Circuit Judge.

This suit was commenced by the filing of a bill for the appointment of a receiver for the United States Malleable Iron Company. The day the bill was filed, December 31, 1925, receivers were appointed and directed to continue the business of the company. Thereafter, on February 8, 1926, some of the bondholding creditors intervened, asking that the property of the company, consisting of its plant, including the real estate, be sold subject to...

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