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BANKERS' MORTGAGE CO. OF TOPEKA, KAN. v. RUPP

Nos. 915, 916.

66 F.2d 992 (1933)

BANKERS' MORTGAGE CO. OF TOPEKA, KAN., v. RUPP et al. INTERNATIONAL INV. CORPORATION OF TOPEKA, KAN., v. SAME.

Circuit Court of Appeals, Tenth Circuit.

August 21, 1933.

Attorney(s) appearing for the Case

Robert Stone, of Topeka, Kan. (James A. McClure, Robert L. Webb, Beryl Johnson, and Ralph W. Oman, all of Topeka, Kan., J. L. Stryker, of Fredonia, Kan., and Randal C. Harvey, of Topeka, Kan., on the brief), for appellant Bankers' Mortgage Co.

Harold M. Slater, of Topeka, Kan. (J. L. Denefe, of Topeka, Kan., on the brief), for appellant International Inv. Corporation.

Guy L. Hursh, of Topeka, Kan., for appellees.

John D. M. Hamilton, of Topeka, Kan., for receiver.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

No. 915.

This is a proceeding in equity instituted by two bondholders of the Bankers' Mortgage Company, seeking, first, to restrain the corporation, Joseph F. Kell, James A. Kell, and John A. Fleming from doing certain things; and, second, the appointment of a receiver to take charge of the properties of the corporation, to conduct its business until the further order of the court, including the prosecution of certain claims against...

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