GUARANTY TRUST CO. v. ALBIA COAL CO.

Nos. 8319, 8320.

36 F.2d 34 (1929)

GUARANTY TRUST CO. OF NEW YORK et al. v. ALBIA COAL CO. et al. ALBIA COAL CO. et al. v. GUARANTY TRUST CO. OF NEW YORK et al.

Circuit Court of Appeals, Eighth Circuit.

November 11, 1929.


Attorney(s) appearing for the Case

Warren S. Carter, 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 and Larkin, Rathbone & Perry, all 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 Chicago, Ill., White & Case, of New York City, Kingman, Cross, Morley & Cant, Norton M. Cross, and Kenneth Taylor, all of Minneapolis, Minn., Jesse E. Waid and Alexander & Green, all of New York City, Doherty, Rumble, Bunn & Butler, of St. Paul, Minn., James H. McIntosh, of New York City, Charles Bunn, of St. Paul, Minn., Geller, Rolston & Blanc, of New York City, Boyesen, Otis, Brill & Faricy, of St. Paul, Minn., Edward H. Blanc, of New York City, James C. Otis, of St. Paul, Minn., and Taylor, Blanc, Capron & Marsh, of New York City, on the brief), for Guaranty Trust Co. and others.

Henry C. Carlson and Mortimer H. Boutelle, both of Minneapolis, Minn. (Fowler, Carlson, Furber & Johnson, Cobb, Hoke, Benson, Krause & Faegre, and Claude G. Krause, all of Minneapolis, Minn., and Washburn, Bailey & Mitchell and Oscar Mitchell, all of Duluth, Minn., on the brief), for Albia Coal Co. and others.

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


VAN VALKENBURGH, Circuit Judge.

July 26, 1923, a receiver of the property of the Minneapolis & St. Louis Railroad Company was appointed in the District Court of the United States for the District of Minnesota at the suit of the Minneapolis Steel & Machinery Company, a creditor, later joined by the Northern Pacific Railway Company as joint complainant. This action was numbered 290. On succeeding dates, the last being May 26, 1925, trustees in six of the several...

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