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TOLEDO, P. & W. R. R. v. PEORA & P. UNION RY. CO.

No. 5126.

72 F.2d 745 (1934)

TOLEDO, P. & W. R. R. et al. v. PEORIA & P. UNION RY. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied October 2, 1934.

Attorney(s) appearing for the Case

J. M. Elliott, Albert L. Hopkins, Donald J. De Wolfe, and Peter L. Wentz, all of Chicago, Ill., for appellants.

E. E. Horton, of Peoria, Ill., for appellee.

Before ALSCHULER and EVANS, Circuit Judges, and BARNES, District Judge.

EVANS, Circuit Judge.

In a mortgage foreclosure suit brought against Toledo, Peoria & Western Railway Company, et al., the Peoria and Pekin Union Railway Company intervened and sought to establish a claim for moneys due it under a contract which the parties had negotiated on the 1st day of March, 1898. In the foreclosure suit the mortgagor's property was ultimately sold to the co-appellant, George P. McNear, Jr., and his liability was established, if it existed...

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