CONTINENTAL TRUST CO. v. W. R. BONSAL & CO.

No. 3646.

72 F.2d 975 (1934)

CONTINENTAL TRUST CO. et al. v. W. R. BONSAL & CO. et al.

Circuit Court of Appeals, Fourth Circuit.

October 2, 1934.


Attorney(s) appearing for the Case

Gordon M. Buck, of New York City (Carlyle Barton and Edward Duffy, both of Baltimore, Md., Theodore S. Garnett, of Norfolk, Va., Humes, Buck, Smith & Stowell, of New York City, Baird, White & Lanning, of Norfolk, Va., Albridge C. Smith, of New York City, Edward R. Baird, Jr., of Norfolk, Va., Davis, Polk, Wardwell, Gardiner & Reed, of New York City, Hughes, Little & Seawell, of Norfolk, Va., Edwin S. S. Sunderland, of New York City, Leon T. Seawell, of Norfolk, Va., and Thomas O'G. FitzGibbon, of New York City, on the brief), for appellants.

T. H. Willcox, of Norfolk, Va., and C. Francis Cocke, of Roanoke, Va. (Willcox, Cooke & Willcox, of Norfolk, Va., Cocke, Hazelgrove & Shackelford, of Roanoke, Va., and Weltner, Meadow & Russell and William K. Meadow, all of Atlanta, Ga., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal by the trustees of the three general mortgages of the Seaboard Air Line Railway Company from an order according priority under the "six months" rule to certain supply claims filed with the railway receivers. No question is raised as to the sufficiency of the net operating income to pay these and other claims filed, without resort to the corpus of the property; and there is no effort to have the claims declared a charge on the...

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