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TOWER HILL CONNELLSVILLE COKE CO. v. PIEDMONT COAL CO.

No. 2846.

35 F.2d 179 (1929)

TOWER HILL CONNELLSVILLE COKE CO. OF WEST VIRGINIA v. PIEDMONT COAL CO. et al.

Circuit Court of Appeals, Fourth Circuit.

October 15, 1929.

Attorney(s) appearing for the Case

Thomas Watson, of Pittsburgh, Pa., and E. W. Knight, of Charleston, W. Va. (Lon H. Kelly, of Charleston, W. Va., and M. W. Acheson, Jr., and Robert M. Steffler, both of Pittsburgh, Pa., on the brief), for appellant and cross-appellee.

E. C. Higbee, of Uniontown, Pa., and William M. Robinson and Edwin W. Smith, both of Pittsburgh, Pa. (Arthur S. Dayton, of Charleston, W. Va., on the brief), for appellees and cross-appellants.

Before PARKER, and NORTHCOTT, Circuit Judges, and WEBB, District Judge.

PER CURIAM.

A petition for rehearing has been filed in this case urging: (1) That the statements in the opinion [reported in 33 F.2d 703] as to the purchase of preferred stock and the plan to build by-product coke ovens are an adjudication upon these matters without the Pennsylvania corporation, or its officers or directors, having been made parties to the suit; (2) that other facts and transactions have been ignored in the opinion...

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