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PITCAIRN v. FISHER

No. 10262.

78 F.2d 649 (1935)

PITCAIRN et al. v. FISHER.

Circuit Court of Appeals, Eighth Circuit.

July 22, 1935.

Attorney(s) appearing for the Case

John N. Hughes, Jr., and Willis J. O'Brien, both of Des Moines, Iowa (N. S. Brown and Homer Hall, both of St. Louis, Mo., and Hughes, O'Brien & Hughes, of Des Moines, Iowa, on the brief), for appellants.

Donald D. Holdoegel, of Des Moines, Iowa (Allen Rolston, of Queen City, Mo., and Stipp, Perry, Bannister & Starzinger, of Des Moines, Iowa, on the brief), for appellee.

Before STONE and FARIS, Circuit Judges, and RAGON, District Judge.

FARIS, Circuit Judge.

This is an appeal by Pitcairn and Nicodemus, as receivers of the Wabash Railway Company, from an order of the United States District Court for the Southern District of Iowa, directing them as ancillary receivers, appointed by that court, to pay as an operating expense out of operating revenue, a judgment in favor of appellee in the sum of $3,000, plus interest and costs.

This judgment arose thus: Some 50 days before appellants were appointed...

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