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KENTUCKY ELECTRIC POWER CO. v. NORTON COAL MINING CO.

Nos. 7626, 7627.

93 F.2d 923 (1938)

KENTUCKY ELECTRIC POWER CO. v. NORTON COAL MINING CO. NORTON COAL MINING CO. v. KENTUCKY ELECTRIC POWER CO.

Circuit Court of Appeals, Sixth Circuit.

January 18, 1938.

Attorney(s) appearing for the Case

Frank B. Ober, of Baltimore, Md. (Gordon, Laurent, Ogden & Galphin, of Louisville, Ky., Ritchie, Janney, Ober & Williams, of Baltimore, Md., and Robert G. Gordon, of Louisville, Ky., on the brief), for Kentucky Electric Power Co.

F. M. Drake, of Louisville, Ky. (Crawford, Middleton, Milner & Seelbach, of Louisville, Ky., on the brief), for Norton Coal Mining Co. et al.

Before HICKS and ALLEN, Circuit Judges, and FORD, District Judge.

FORD, District Judge.

These appeals grow out of consolidated receivership and mortgage foreclosure actions instituted by creditors against the Norton Coal Mining Company, in which, after the consolidation, the Kentucky Electric Power Company filed an intervening petition asserting the right to an equitable lien or easement upon a portion of the mortgaged real estate of the Coal Company on account of certain expenditures made...

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