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CINCINNATI, I. & W. R. CO. v. INDIANAPOLIS UNION RY. CO.

Nos. 5395, 5396.

36 F.2d 323 (1929)

CINCINNATI, I. & W. R. CO. v. INDIANAPOLIS UNION RY. CO. et al.

Circuit Court of Appeals, Sixth Circuit.

December 13, 1929.

Attorney(s) appearing for the Case

Murray Seasongood, of Cincinnati, Ohio (F. J. Goebel and Lester A. Jaffe, both of Cincinnati, Ohio, on the brief), for appellant.

Joseph J. Daniels, of Indianapolis, Ind. (Joseph S. Graydon, H. N. Quigley, and Maxwell & Ramsey, all of Cincinnati, Ohio, and Baker & Daniels, of Indianapolis, Ind., on the brief), for appellees.

Before DENISON and HICKS, Circuit Judges, and SIMONS, District Judge.

DENISON, Circuit Judge.

This case is the result of the situation fully stated in the case of the same title, our opinion in which is reported in 279 F. 356. Thirteen railroads had become associated in the organization of the Union Railway Company, and each had agreed to pay as rental one-thirteenth of the total maintenance. Among the 13 were 2 — one leading west and one east from Indianapolis — each encumbered by a mortgage, which were later merged in...

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