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SPEERS SAND & CLAY WORKS v. AMERICAN TRUST CO.

No. 2869.

37 F.2d 572 (1930)

SPEERS SAND & CLAY WORKS, Inc., v. AMERICAN TRUST CO.

Circuit Court of Appeals, Fourth Circuit.

January 14, 1930.

Attorney(s) appearing for the Case

Mary W. F. Speers, for appellant.

E. P. Keech, Jr., of Baltimore, Md. (Keech, Deming & Carman, of Baltimore, Md., on the brief), for appellee.

Before WADDILL and PARKER, Circuit Judges, and McDOWELL, District Judge.

PER CURIAM.

This is the second appeal in a suit for the foreclosure of a mortgage. On the first appeal, we held that the trustee had properly exercised its discretion in applying for foreclosure, but that, under the peculiar circumstances of the case, a decree was premature which ordered a sale in advance of the ascertainment of the indebtedness secured. The case was remanded with directions that the District Court ascertain what bonds were legally issued and outstanding...

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