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FIRST NAT. BANK v. BRENNAN

No. 3610.

18 F.2d 540 (1927)

FIRST NAT. BANK OF CONNELLSVILLE v. BRENNAN et al. In re SHIPLEY COAL CO.

Circuit Court of Appeals, Third Circuit.

March 22, 1927.

Attorney(s) appearing for the Case

Sterling, Higbee & Matthews, of Uniontown, Pa. (E. C. Higbee, of Uniontown, Pa., of counsel), for appellant.

John J. Kennedy, of Pittsburgh, Pa., and W. Curtis Truxal, of Somerset, Pa., for appellee Brennan.

J. Clark Stewart, of Pittsburgh, Pa., and Andrew F. Quinn, Jr., of Philadelphia, Pa., for appellee Scottdale Co.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In substance, this case concerns a mortgage given by the Shipley Coal Company, now in bankruptcy, to the Scottdale Savings & Trust Company, trustee for bondholders. Prior to the bankruptcy the coal company stopped operations, defaulted its mortgage, and the trust company took possession of the lands, mines, railroad, etc., covered thereby, and, as the coal company had neither then nor since any other assets, the trust company has since...

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