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SOUTHERN RY. CO. v. UNITED STATES FIDELITY & GUAR. CO.

No. 8194.

87 F.2d 118 (1936)

SOUTHERN RY. CO. v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Fifth Circuit.

December 15, 1936.

Attorney(s) appearing for the Case

S. R. Prince, of Washington, D. C., and Harry H. Smith, of Mobile, Ala., for appellant.

Frank E. Spain and H. H. Grooms, both of Birmingham, Ala., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This is an appeal from an order of the District Court directing the receivers of the Mobile & Ohio Railroad Company to pay a creditor, the United States Fidelity & Guaranty Company, $1,000 a month, beginning June 1, 1936, until further ordered. The receivers were appointed in an equity suit by a common creditor in which the insolvency of the defendant railroad was alleged in the bill and admitted in the answer. The order of appointment...

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