BROTHERHOOD INV. CO. v. COAL RIVER MIN. CO.

No. 3043.

46 F.2d 976 (1930)

BROTHERHOOD INV. CO. et al. v. COAL RIVER MIN. CO. et al.

Circuit Court of Appeals, Fourth Circuit.

October 21, 1930.


Attorney(s) appearing for the Case

H. H. Hoppe, of Cleveland, Ohio (William E. Lamb and Butler, Lamb, Foster & Pope, all of Chicago, Ill., and Taplin & Fillius, of Cleveland, Ohio, on the brief), for appellant Huston.

George D. Moore, of Charleston, W. Va., for appellant Brotherhood Inv. Co.

Ernest K. James, of Charleston, W. Va., for appellee Coal River Min. Co.

Before PARKER and NORTHCOTT, Circuit Judges, and GLENN, District Judge.


NORTHCOTT, Circuit Judge.

The Coal River Collieries, a corporation engaged in the business of mining coal in Boone county, W. Va., was adjudged a bankrupt in the United States District Court for the Southern District of West Virginia, in July, 1928. By order dated November 10, 1928, the property of the bankrupt was ordered sold by the referee. Included in the order of sale and described as "Block No. 2" was the fee title to the surface of a tract of land situated...

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