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UNITED STATES v. WESTERN UNION TELEGRAPH CO.

No. 230.

50 F.2d 102 (1931)

UNITED STATES v. WESTERN UNION TELEGRAPH CO. et al.

Circuit Court of Appeals, Second Circuit.

June 1, 1931.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (Harry G. Herman, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Francis R. Stark, of New York City (Denis O'L. Cohalan, Francis N. Whitney, and Robert C. Barnett, all of New York City, of counsel), for appellee Western Union Telegraph Co.

Arthur L. Shipman, of Hartford, Conn. (William Brosmith, and Robert C. Dickenson, all of Hartford, Conn., of counsel), for appellee Northwestern Telegraph Co., etc.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

The appellant sues to impress a lien for taxes due for the years 1917 to 1922 from the Northwestern Telegraph Company upon funds in the possession of the Western Union Telegraph Company, which, by agreement, the latter paid to the shareholders of the former. The shareholders were made defendants.

On May 7, 1881, the Western Union Telegraph Company leased the telegraph lines of the Northwestern Telegraph Company for 99 years, for which...

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