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SOUTHERN RY. CO. v. RAILROAD CREDIT CORPORATION

No. 9364.

110 F.2d 66 (1940)

SOUTHERN RY. CO. v. RAILROAD CREDIT CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

Writ of Certiorari Denied April 29, 1940.

Attorney(s) appearing for the Case

Sidney S. Alderman, General Solicitor, Southern Railway System, Henry L. Walker, Solicitor, Southern Railway System, and S. R. Prince, General Counsel, Southern Railway System, all of Washington, D. C., J. Blanc Monroe, of New Orleans, La., and Harry H. Smith, of Mobile, Ala., for appellant.

Palmer Pillans, of Mobile, Ala., and D. Willard, Jr., and Wm. J. Kane, both of Baltimore, Md., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

Writ of Certiorari Denied April 29, 1940. See 60 S.Ct. 899, 84 L.Ed. ___.

HUTCHESON, Circuit Judge.

The decree1 appealed from here, awarding appellee an equitable priority over appellant and enforcing it by subrogating appellee to appellant's position as First Mortgage Bondholder, was entered on appellee's intervention in the Receivership of the Mobile & Ohio Railroad Company. It was entered upon the theory first advanced by...

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