COMMONWEALTH EDISON CO. v. CONTINENTAL NAT. B. & T. CO.

No. 6198.

93 F.2d 265 (1937)

COMMONWEALTH EDISON CO. v. CONTINENTAL NAT. BANK & TRUST CO. OF CHICAGO et al.

Circuit Court of Appeals, Seventh Circuit.

December 15, 1937.


Attorney(s) appearing for the Case

J. F. Dammann, Charles Y. Freeman, and Sidney K. Jackson, all of Chicago, Ill. (Wilson & McIlvaine, of Chicago, Ill., of counsel), for appellant.

M. Paul Noyes, David O. Dunbar, Stanley Rich, Louis S. Hardin, Francis X. Busch, Cassius M. Doty, and John C. Slade, all of Chicago, Ill., Hovey C. Clark, of New York City, and Alexander F. Reichmann and Arthur M. Cox, both of Chicago, Ill. (David O. Dunbar, Arthur M. Cox, Stanley Rich, and Cassius M. Doty, all of Chicago, Ill., of counsel), for appellees.

Daniel J. Schuyler, of Chicago, Ill., for Albert A. Sprague, receiver for Chicago Rapid Transit Co.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

This controversy arises out of a preferential claim filed by the Commonwealth Edison Company in an equity receivership proceeding in the District Court. It involves a foreclosure of certain mortgages and trust deeds of the elevated railway properties of the Chicago Rapid Transit Company. The case was submitted upon an agreed statement of the parties under Equity Rule 77, 28 U.S.C.A. following section 723, supplemented by a stipulation of certain...

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