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AMERICAN SURETY CO. v. WABASH RY. CO.

No. 11211.

107 F.2d 685 (1939)

AMERICAN SURETY CO. OF NEW YORK v. WABASH RY. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 11, 1939.

Attorney(s) appearing for the Case

John P. Hampton, of Chicago, Ill. (George H. Williams, of St. Louis, Mo., Louis L. Dent, of Chicago, Ill., Bryan, Williams, Cave & McPheeters, of St. Louis, Mo., and Dent, Weichelt & Hampton, of Chicago, Ill., on the brief), for appellant.

R. B. Elster, of St. Louis, Mo. (N. S. Brown and Homer Hall, both of St. Louis, Mo., on the brief), for appellees Norman B. Pitcairn and Frank C. Nicodemus, Jr., as receivers of Wabash Ry. Co.

Arthur B. Shepley, Jr., of St. Louis, Mo. (Allen C. Orrick, of St. Louis, Mo., on the brief), for appellee Chase Nat. Bank.

Before STONE, GARDNER, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

On December 1, 1931, receivers were appointed for the Wabash Railway Company, an appellee here. At that time the Railway had outstanding its Refunding and General Mortgage in which the trustee was the Chase National Bank of the City of New York, another appellee here.

Prior to the above date, Thomas P. Conroy had obtained a judgment for $40,000 against the Railway in a personal injury action in a State court in Illinois; the Railway had...

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