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SPEERS SAND & CLAY WORKS v. AMERICAN TRUST CO.

No. 2538.

20 F.2d 333 (1927)

SPEERS SAND & CLAY WORKS, Inc., v. AMERICAN TRUST CO.

Circuit Court of Appeals, Fourth Circuit.

June 3, 1927.

Attorney(s) appearing for the Case

David Ash, of Baltimore, Md., for appellant.

Halbert H. McCluer, of Kansas City, Mo. (Marcia Eisner Lewis, of Chicago, Ill., on the brief), for certain bondholders of Speers Sand & Clay Works.

E. P. Keech, Jr., of Baltimore, Md., for appellee.

Before WADDILL and PARKER, Circuit Judges, and McCLINTIC, District Judge.

McCLINTIC, District Judge (after stating the facts as above).

The assignments of error are 15 in number and overlap each other in substance. In our opinion it is only necessary to consider first, those relating to the acts of the plaintiff in instituting this suit; second, whether it was proper to enter the decree of foreclosure and sale on the facts as they appear of record at this time; and, third, the assignments relating to the exclusion of certain testimony....

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