BROWN v. DUFFIN

No. 4395.

13 F.2d 708 (1926)

BROWN et al. v. DUFFIN.

Circuit Court of Appeals, Sixth Circuit.

July 12, 1926.


Attorney(s) appearing for the Case

Ben F. Washer, of Louisville, Ky. (Fred Forcht and J. Wheeler Campbell, both of Louisville, Ky., on the brief), for appellants.

Ernest Woodward, of Louisville, Ky. (D. A. Sachs, Gifford & Steinfeld, and Woodward, Warfield & Hobson, all of Louisville, Ky., on the brief), for appellees.

W. Pratt Dale, of Louisville, Ky., amicus curiæ.

Before DENISON, DONAHUE, and KNAPPEN, Circuit Judges.


DENISON, Circuit Judge (after stating the facts as above).

Three questions are involved: (1) Whether the bill states a case justifying the receivership; (2) whether the bill is a collusive effort to get jurisdiction into the federal court; (3) whether the state court proceedings, by their priority in time, exclude the federal court remedy.

1. We see no reason to doubt that the bill makes a good case in equity for a receivership, and for the usual degree of...

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