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FIRST UNION TRUST & SAVINGS BANK v. BERNARDIN

No. 9426.

60 F.2d 419 (1932)

FIRST UNION TRUST & SAVINGS BANK et al. v. BERNARDIN.

Circuit Court of Appeals, Eighth Circuit.

July 19, 1932.

Attorney(s) appearing for the Case

John W. Kearns, of Chicago, Ill. (Burry, Johnstone, Peters & Dixon, of Chicago, Ill., Bowersock, Fizzell & Rhodes, of Kansas City, Mo., Bruce Johnstone and Guy M. Peters, both of Chicago, Ill., and Robert B. Fizzell, of Kansas City, Mo., on the brief), for appellants.

Massey Holmes, of Kansas City, Mo., (John J. Henry, of Kansas City, Mo., on the brief), for appellee.

Before STONE, KENYON, and VAN VALKENBURGH, Circuit Judges.

KENYON, Circuit Judge.

Appellants are trustees under a certain first mortgage deed of trust jointly executed June 1, 1922, by the Delta Land & Timber Company (herein called the Delta Company), a corporation of Delaware, and the Central Coal & Coke Company (herein called the Central Company), a corporation of Missouri, the owner of all the outstanding stock of the Delta Company (both referred to hereing as mortgagors), to First Trust & Savings Bank, a corporation...

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