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WERNER, HARRIS & BUCK v. EQUITABLE TRUST CO.

No. 50.

35 F.2d 513 (1929)

WERNER, HARRIS & BUCK v. EQUITABLE TRUST CO. et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied November 18, 1929.

Attorney(s) appearing for the Case

Glenn L. Buck, of Rochester, N. Y. (Werner, Harris & Buck, of Rochester, N. Y., on the brief), for appellants.

Charles Battelle and C. E. Herring, both of Omaha, Neb. (E. E. Wakeman, of Newcastle, Wyo., on the brief), for appellees.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

This appeal is from an order confirming a sale of mortgaged property. The Equitable Trust Company, one of the appellees, is the trustee of the mortgage deed of trust. The appellant is a committee of the bondholders, representing $90,000 of the issue. Albert E. May and Harry A. May were brought into the case as appellees by an alias citation. Albert E. May is the owner of $33,500 of the bonds, and Harry A. May was the only cash bidder at the...

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