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ILLINOIS CENT. R. CO. v. UNITED STATES FIDELITY & GUAR. CO.

No. 8217.

87 F.2d 121 (1936)

ILLINOIS CENT. R. CO. v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Fifth Circuit.

December 15, 1936.

Attorney(s) appearing for the Case

Augustus Benners, of Birmingham, Ala., for appellant.

Frank E. Spain and H. H. Grooms, both of Birmingham, Ala., and Carl Fox, of St. Louis, Mo., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Having been permitted to intervene in this cause, the appellant filed its petition in the court below, alleging facts which showed it to be both a common and a preferred creditor of the defendant, Mobile & Ohio Railroad Company. It prayed for preferential payment of the items of its account accruing within six months prior to the receivership ratably with other creditors of the same class, and also...

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