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UNITED THACKER COAL CO. v. PEYTONA LUMBER CO.

No. 3022.

15 F.Supp. 40 (1936)

UNITED THACKER COAL CO. v. PEYTONA LUMBER CO. et al.

District Court, S. D. West Virginia.

May 28, 1936.

Attorney(s) appearing for the Case

F. M. Livezey, of Huntington, W. Va. (B. C. Tynes, of Huntington, W. Va., on the brief), for petitioner.

J. M. Woods, of Charleston, W. Va., and Joseph H. Head, of Cincinnati, Ohio, for respondent.

NORTHCOTT, Circuit Judge (sitting by designation as District Judge).

In November, 1934, the plaintiff in this suit filed its bill of complaint against the Peytona Lumber Company, a West Virginia corporation, and other defendants, including the Fifth-Third Union Trust Company, a banking corporation, doing business in the city of Cincinnati, Ohio, herein referred to as the Trust Company. The defendant company, herein referred to as the Lumber Company, had been engaged...

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