CONTINENTAL & COMMERCIAL, ETC., BANK v. CONTINENTAL S. CO.

No. 7997.

32 F.2d 740 (1929)

CONTINENTAL & COMMERCIAL TRUST & SAVINGS BANK et al. v. CONTINENTAL SUPPLY CO.

Circuit Court of Appeals, Eighth Circuit.

April 22, 1929.


Attorney(s) appearing for the Case

J. F. Sharp, Jr., of Oklahoma City, Okl. (M. K. Cruce, of Oklahoma City, Okl., C. L. Powell, of Chicago, Ill., C. B. Stuart, of Oklahoma City, Okl., Mayer, Meyer, Austrian & Platt, of Chicago, Ill., and Stuart, Sharp & Cruce, of Oklahoma City, Okl., on the brief), for appellants.

Henry N. Eversole, of St. Louis, Mo. (George H. Williams and Rhodes E. Cave, both of St. Louis, Mo., David I. Johnston, of Oklahoma City, Okl., Bryan, Williams & Cave, of St. Louis, Mo., and Keaton, Wells & Johnston, of Oklahoma City, Okl., on the brief), for appellee.

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


SCOTT, District Judge.

An appeal from a supplemental decree of the District Court of the United States for the Western District of Oklahoma, denying to plaintiff in a foreclosure suit the allowance of attorney's fees as against a defendant lien claimant.

On November 14, 1921, appellants, having pending in the Eastern district of Oklahoma a suit in equity to foreclose a trust indenture against Midco Gasoline Company, defendant, filed an ancillary bill for foreclosure...

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