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McNARY v. GUARANTY TRUST CO.

No. 3969.

6 F.Supp. 616 (1933)

McNARY et al. v. GUARANTY TRUST CO. OF NEW YORK.

District Court, N. D. Ohio, W. D.

On Rehearing March 27, 1934.

Attorney(s) appearing for the Case

Tracy, Chapman & Welles, of Toledo, Ohio, for plaintiffs.

Baker, Hostetler, Sidlo & Patterson, of Cleveland, Ohio, for defendant.

HAHN, District Judge.

Three motions have been filed in the above-entitled cause: (1) Motion to transfer cause to equity docket; (2) motion of plaintiff for a judgment of default upon petition; and (3) motion of defendant for extension of time to move, plead, or demur.

The case has been docketed as a suit at law. The plaintiff is a committee acting for the protection of bondholders of first mortgage leasehold bonds of 269 Madison Aveaue,

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