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UNITED LIGHT & POWER CO. v. GRAND RAPIDS TRUST CO.

Nos. 6763, 6764.

85 F.2d 331 (1936)

UNITED LIGHT & POWER CO. v. GRAND RAPIDS TRUST CO. GRAND RAPIDS TRUST CO. v. UNITED LIGHT & POWER CO.

Circuit Court of Appeals, Sixth Circuit.

On Rehearing June 30, 1936.

Attorney(s) appearing for the Case

Charles McPherson, of Grand Rapids, Mich., and Park Chamberlain, of Chicago, Ill. (Norris, McPherson, Harrington & Waer, of Grand Rapids, Mich., and T. K. Humphrey and Park Chamberlain, both of Chicago, Ill., on the brief), for appellant United Light & Power Co.

S. E. Knappen and W. N. Snow, both of Grand Rapids, Mich., and J. A. Noonan, of Niagara Falls, N. Y. (Knappen, Uhl, Bryant & Snow, of Grand Rapids, Mich., on the brief), for appellee Grand Rapids Trust Co.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

HICKS, Circuit Judge.

This suit is ancillary to one brought by the Guaranty Trust Company of New York, trustee, to foreclose a mortgage executed by Grand Rapids, Grand Haven & Muskegon Railway Company (hereinafter called the railway). The District Judge in the foreclosure proceeding found the railway unable to meet and discharge its obligations, and, finding it to the interest of creditors and stockholders to have a receiver appointed, designated appellee, Grand...

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