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BANKERS' TRUST CO. v. PEORIA RY. TERMINAL CO.

No. 4445.

47 F.2d 228 (1931)

BANKERS' TRUST CO. v. PEORIA RY. TERMINAL CO. BATTLES v. PEORIA & PEKIN UNION RY. CO.

Circuit Court of Appeals, Seventh Circuit.

February 27, 1931.

Attorney(s) appearing for the Case

Frank T. Miller, O. P. Westervelt, and Val C. Guenther, all of Peoria, Ill., for appellant.

E. E. Horton, of Peoria, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

ALSCHULER, Circuit Judge.

In the receivership of the Peoria Railway Terminal Company, appellee intervened, filing its alleged preferred claim of $79,635.94. There was filed a bill to foreclose mortgage upon the railroad securing its defaulted first refunding 4½ per cent. gold bonds, and the receivership was extended to include the foreclosure proceeding, with which it was consolidated. Decree of foreclosure was entered, whereunder the railroad property was sold...

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