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AUSTIN MACHINERY CO. v. CONSOLIDATION COAL CO.

No. 5972.

67 F.2d 775 (1933)

AUSTIN MACHINERY CO. OF VIRGINIA v. CONSOLIDATION COAL CO.

Circuit Court of Appeals, Sixth Circuit.

December 12, 1933.

Attorney(s) appearing for the Case

Glenwood C. Fuller, of Grand Rapids, Mich. (Waring, Walker & Cox, of Memphis, Tenn., on the brief), for appellant Austin Machinery Corporation.

Joseph S. Graydon, of Cincinnati, Ohio (Maxwell & Ramsey, of Cincinnati, Ohio, Metcalf, Metcalf & Apperson, of Memphis, Tenn., Milbank, Tweed, Hope & Webb, of New York City, Wm. P. Metcalf, of Memphis, Tenn., and Arthur A. Gammell and Charles D. Kyle, both of New York City, on the brief), for appellee Consolidation Coal Co.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

PER CURIAM.

Appeal by Austin Machinery Corporation of Michigan from an order dismissing its intervening petition filed in the case of Austin Machinery Corporation of Virginia for the use of Metropolitan Trust Company, Chatham-Phœnix National Bank & Trust Company, and Consolidation Coal Company, assignees, against National Surety Company, being No. 3041 on the law docket of the District Court for the Western District of Tennessee.

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