KERR v. SOUTHWESTERN LUMBER CO. OF NEW JERSEY

No. 7616.

78 F.2d 348 (1935)

KERR v. SOUTHWESTERN LUMBER CO. OF NEW JERSEY.

Circuit Court of Appeals, Fifth Circuit.

May 16, 1935.


Attorney(s) appearing for the Case

John H. Crooker and Chas. A. Perlitz, Jr., both of Houston, Tex., for appellant.

Jonathan C. Gibson and Charles H. Woods, both of Chicago, Ill., and Ballinger Mills, of Galveston, Tex., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


FOSTER, Circuit Judge.

The Southwestern Lumber Company, a New Jersey corporation, brought an independent action in equity against A. E. Kerr, a citizen of Texas, trustee of the estate of John H. Kirby, bankrupt, who also is a citizen of Texas, to enjoin a threatened interference by the trustee with an advertised public sale of 29,667 shares of stock of the Kirby Lumber Company, pledged to secure four promissory notes, owned and held by it and aggregating, with interest...

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