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BUCYRUS-ERIE CO. v. CASEY

No. 4728.

61 F.2d 473 (1932)

BUCYRUS-ERIE CO. v. CASEY.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 20, 1932.

Attorney(s) appearing for the Case

Roger Sherman Hoar, of South Milwaukee, Wis., and Stonecipher & Ralston, of Pittsburgh, Pa., for appellant.

F. R. S. Kaplan, of Pittsburgh, Pa., for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal from a decree in equity of the District Court for the Western District of Pennsylvania. A petition was filed by the receiver of the T. J. Foley Company, an insolvent corporation, praying for instructions in relation to a claim of the Bucyrus-Erie Company. The court entered a decree allowing the claim in part, and disallowing it in part.

The T. J. Foley Company, before its insolvency, had bought three excavating machines...

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