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ACKER v. GIRARD TRUST CO.

No. 4335.

42 F.2d 37 (1930)

ACKER v. GIRARD TRUST CO. et al.

Circuit Court of Appeals, Third Circuit.

June 30, 1930.

Attorney(s) appearing for the Case

Thomas F. Gain, of Philadelphia, Pa., H. C. Reynolds, H. M. Streeter, John P. Kelly, and Reese H. Harris, all of Scranton, Pa., and Francis Shunk Brown, of Philadelphia, Pa., for appellant.

Thomas Reath Jr., and Dickson, Beitler & McCouch, all of Philadelphia, Pa., for appellee Buchanan.

Charles Myers and Barnes Biddle & Myers, all of Philadelphia, Pa., for appellee Girard Trust Co.

Before BUFFINGTON and DAVIS, Circuit Judges, and AVIS, District Judge.

BUFFINGTON, Circuit Judge.

On October 3, 1927, the court below, on a bill filed that day, duly appointed receivers for the South Penn Collieries Company, an insolvent corporation of the state of Delaware.

On the same day the Girard Trust Company, trustee under a second mortgage of said company, was, on its petition, allowed to intervene.

On October 27, 1927, Franklin Spencer Edmonds was appointed a master "to take evidence and report the same with...

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