UNITED STATES v. GUARANTY TRUST COMPANY

No. 8389.

33 F.2d 533 (1929)

UNITED STATES v. GUARANTY TRUST COMPANY OF NEW YORK et al.

Circuit Court of Appeals, Eighth Circuit.

May 15, 1929.


Attorney(s) appearing for the Case

Elmer B. Collins, Sp. Asst. Atty. Gen. (William J. Donovan, Asst. Atty. Gen., on the brief), for the United States.

Warren S. Carter, of St. Paul, Minn., Henry C. Carlson, of Minneapolis, Minn., Charles Bunn, of St. Paul, Minn., and Jesse E. Waid, of New York City (Davis, Polk, Wardwell, Gardiner & Reed, of New York City, Davis, Severance & Morgan, of St. Paul, Minn., Edwin S. S. Sunderland, of New York City, Warren S. Carter, of St. Paul, Minn., Larkin, Rathbone & Perry, of New York City, Frederick G. Ingersoll, of St. Paul, Minn., Henry V. Poor and James L. Banks, Jr., both of New York City, Charles S. Kelly, of Minneapolis, Minn., White & Case, of New York City, Kingman, Cross, Morley & Cant, Norton M. Cross, and Kenneth Taylor, all of Minneapolis, Minn., Alexander & Green, of New York City, Doherty, Rumble, Bunn & Butler, of St. Paul, Minn., James H. McIntosh and Geller, Rolston & Blanc, all of New York City, Boyeson, Otis, Brill & Faricy, of St. Paul, Minn., Edward H. Blanc, of New York City, and James C. Otis, of St. Paul, Minn., on the brief for mortgagees, and Fowler, Carlson, Furber & Johnson, of Minneapolis, Minn., on the brief for priority creditors), for appellees.

Before VAN VALKENBURGH and COTTERAL, Circuit Judges, and SCOTT, District Judge.


VAN VALKENBURGH, Circuit Judge.

The Minneapolis & St. Louis Railroad Company is in the hands of a receiver appointed in the District Court for the District of Minnesota, July 26, 1923, upon the application of certain creditors.

Subsequently actions were instituted for the foreclosure of mortgages, and these actions were consolidated with the suit instituted by the creditors' bill. These mortgages were made at various...

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