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MILLER v. POTTS

No. 5127.

26 F.2d 851 (1928)

MILLER v. POTTS. In re VIRGINIA BANNER COAL CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

June 18, 1928.

Attorney(s) appearing for the Case

George C. Sells, of Johnson City, Tenn. (Sells, Simmonds & Bowman, of Johnson City, Tenn., on the brief), for appellant.

Arthur F. Kingdon, of Bluefield, W. Va., and J. H. Winston, of Johnson City, Tenn. (Miller & Winston, of Johnson City, Tenn., on the brief), for appellee.

Before DENISON, MACK, and MOORMAN, Circuit Judges.

MACK, Circuit Judge.

Virginia Banner Coal Corporation, a Virginia corporation (hereinafter called Virginia Company), carried on business in Virginia and in Tennessee. On January 1, 1926, it sold all of its properties to the Wakenva Coal Company, Inc., in consideration of the latter's debentures, preferred and common stock, and a small amount of cash. Pursuant to a plan for the payment of its creditors, it conveyed substantially all the assets so received, together...

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