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PIERCE PETROLEUM CORPORATION v. EMPIRE GAS & FUEL CO.

No. 4849.

17 F.2d 758 (1927)

PIERCE PETROLEUM CORPORATION et al. v. EMPIRE GAS & FUEL CO. OF MAINE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 11, 1927.

Attorney(s) appearing for the Case

Warren Scarborough and Alfred McKnight, both of Fort Worth, Tex. (Alvin Untermyer and Guggenheimer, Untermyer & Marshall, all of New York City, and Capps, Cantey, Hanger & McMahon, of Fort Worth, Tex., on the brief), for appellants.

Edwin T. Phillips and David B. Trammell, both of Fort Worth, Tex. (J. W. Finley, S. N. Hawkes, of Bartlesville, Okl., and Phillips, Trammell & Chizum, of Fort Worth, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This is an appeal from an interlocutory decree appointing a receiver, pursuant to the prayer of an amended bill, duly verified, filed by the appellee, Empire Gas & Fuel Company of Maine. The following state of facts is disclosed by the averments of that bill:

In June, 1923, one of the appellants, the Pierce Oil Corporation, the predecessor of the other appellant, Pierce Petroleum Corporation, "granted, demised, leased, and let" to...

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