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PACIFIC IMPROVEMENT CO. v. PITTSBURGH, S. & N. R. CO.

No. 4031.

33 F.2d 505 (1929)

PACIFIC IMPROVEMENT CO. v. PITTSBURGH, S. & N. R. CO. et al.

Circuit Court of Appeals, Third Circuit.

June 14, 1929.

Attorney(s) appearing for the Case

Adelbert Moot and Moot, Sprague, Brownell & Marcy, all of Buffalo, N. Y., and Smith, Buchanan, Scott & Gordon, of Pittsburgh, Pa., for appellant.

Frederic W. Frost, of New York City, and J. Merrill Wright, of Pittsburgh, Pa. (John G. Whitmore, of Ridgway, Pa., of counsel), for appellees Pittsburgh, S. & N. R. Co. and others.

Larkin, Rathbone & Perry, of New York City, and Charles K. Robinson, of Pittsburgh, Pa., for appellee Central Union Trust Co.

Tait & Tait, Edwin E. Tait, and Edgar W. Tait, all of Pittsburgh, Pa., for appellee Pittsburgh & S. R. Co.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and THOMSON, District Judge.

THOMSON, District Judge.

On March 3, 1927, the plaintiff filed this bill of complaint in the District Court of the United States for the Western District of Pennsylvania for the purpose, as alleged, to marshal the assets of the Pittsburgh, Shawmut & Northern Railroad Company and sell the same to pay its receivers' certificates and foreclosure decrees. Plaintiff made parties defendant in the suit all the other corporations and persons named in the title. After...

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