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KENTUCKY DISTILLERIES & W. CO. v. LOUISVILLE PUBLIC W. CO.

No. 4531.

19 F.2d 866 (1927)

KENTUCKY DISTILLERIES & WAREHOUSE CO. v. LOUISVILLE PUBLIC WAREHOUSE CO. et al.

Circuit Court of Appeals, Sixth Circuit.

June 8, 1927.

Attorney(s) appearing for the Case

Wm. Marshall Bullitt, of Louisville, Ky. (Leo T. Wolford and Bruce & Bullitt, all of Louisville, Ky., on the briefs), for plaintiff in error.

Harris W. Coleman, of Louisville, Ky. (Trabue, Doolan, Helm & Helm, of Louisville, Ky., on the brief), for defendants in error.

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

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

Under Liberty Oil Co. v. Condon Bank, 260 U.S. 235, 43 S.Ct. 118, 67 L. Ed. 232, by the filing of the cross-petition by the Warehouse Company, asking that the other claimant to the fund be brought into court and that it have directions how to pay, this action at law became practically one in equity, and should have been transferred to the equity calendar, with reformed pleadings...

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