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ELKINS v. FIRST NAT. BANK OF CITY OF NEW YORK

No. 2990.

43 F.2d 777 (1930)

ELKINS et al. v. FIRST NAT. BANK OF CITY OF NEW YORK. GOODMAN MFG. CO. v. WEST VIRGINIA COAL & COKE CO. KEARNS et al. v. SAME.

Circuit Court of Appeals, Fourth Circuit.

Rehearing Denied October 24, 1930.

Attorney(s) appearing for the Case

Fred O. Blue, of Charleston, W. Va. (Sam T. Spears, of Elkins, W. Va., on the brief), for appellants.

Douglas W. Brown, of Huntington, W. Va. (Walter L. Brown and Fitzpatrick, Brown & Davis, all of Huntington, W. Va., on the brief), for appellee.

Before PARKER, Circuit Judge, and WEBB and SOPER, District Judges.

PARKER, Circuit Judge.

On December 2, 1927, the Goodman Manufacturing Company filed in the court below a bill praying the appointment of receivers for the West Virginia Coal & Coke Company. After receivers had been appointed in that suit, Walter F. Kearns and the First National Bank of New York City, with leave of court, filed a bill asking for the foreclosure of a mortgage securing a bond issue. The two suits were later consolidated and orders were entered decreeing...

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