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CHASE NAT. BANK v. CITIZENS GAS CO.

Nos. 7143, 7144.

113 F.2d 217 (1940)

CHASE NAT. BANK OF CITY OF NEW YORK v. CITIZENS GAS CO. OF INDIANAPOLIS et al. SAME v. INDIANAPOLIS GAS CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 19, 1940.

Attorney(s) appearing for the Case

William L. Taylor and Harvey J. Elam, both of Indianapolis, Ind., and Howard F. Burns and John Adams, both of Cleveland, Ohio (Baker, Hostetler & Patterson, of Cleveland, Ohio, of counsel), for Chase Nat. Bank.

Louis B. Ewbank and William R. Higgins, both of Indianapolis, Ind., for Indianapolis Gas Co.

Paul Y. Davis and William G. Sparks, both of Indianapolis, Ind. (Davis, Pantzer, Baltzell & Sparks, of Indianapolis, Ind., of counsel), for Citizens Gas Co. of Indianapolis.

Edward H. Knight, Michael B. Reddington, William H. Thompson, and Patrick J. Smith, all of Indianapolis, Ind., for City of Indianapolis and others.

Before MAJOR and KERNER, Circuit Judges and IGOE, District Judge.

KERNER, Circuit Judge.

This action was brought by Chase National Bank (as trustee under a deed of trust) against (1) the city of Indianapolis and the individual members of its board of trustees and its board of directors for Utilities, (2) the Citizens Gas Company and (3) the Indianapolis Gas Company. Hereafter Chase National Bank will be referred to as "Chase"; defendant (1) as the "City"; defendant (2) as the "Citizens Gas"; and defendant (3) as the "Indianapolis...

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