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CHEMICAL BANK & TRUST CO. v. HENWOOD

Nos. 11173, 11183.

98 F.2d 179 (1938)

CHEMICAL BANK & TRUST CO. v. HENWOOD et al. (two cases).

Circuit Court of Appeals, Eighth Circuit.

July 13, 1938.

Attorney(s) appearing for the Case

Alfred H. Phillips, of New York City, and Allen C. Orrick, of St. Louis, Mo. (Richard C. Hunt, Howard H. Brown, and Henry W. Happel, all of New York City, Nagel, Kirby, Orrick & Shepley, of St. Louis, Mo., and Chadbourne, Hunt, Jaeckel & Brown, of New York City, on the brief), for appellant.

Carleton S. Hadley, of St. Louis, Mo. (A. H. Kiskaddon, of St. Louis, Mo., on the brief), for appellees.

Before STONE, SANBORN, and VAN VALKENBURGH, Circuit Judges.

STONE, Circuit Judge.

The St. Louis Southwestern Railway Company (a Missouri corporation) is in course of administration under Section 77 of the Bankruptcy Act as amended, 11 U.S.C.A. § 205. Appellant is successor trustee in the General and Refunding Mortgage executed by the railway company July 1, 1930. As part of the security back of the bonds issued under the above "Refunding Mortgage", 13,533 bonds issued under a First Terminal and Unifying Mortgage were...

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