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MILLS v. SMITH

No. 6918.

113 F.2d 404 (1940)

MILLS v. SMITH et al.

Circuit Court of Appeals, Seventh Circuit.

January 22, 1940.

Attorney(s) appearing for the Case

Louis M. Hammerschmidt and Milton A. Johnson, both of South Bend, Ind., for appellant.

Seebirt, Oare & Deahl, of South Bend, Ind., for Raymond R. Smith, receiver.

Parker, Crabill, Crumpacker, May, Carlisle & Beamer, of South Bend, Ind., and Barnes, Myers & Price, of Philadelphia, Pa., for Girard Trust Co., trustee.

Eli F. Seebirt, Lenn J. Oare, Al. W. Johannes, Shepard J. Crumpacker, and Woodson S. Carlisle, all of South Bend, Ind., for appellees.

Before EVANS, MAJOR, and KERNER, Circuit Judges.

Plaintiff brought this suit to establish a lien for $12,500, the amount of a personal injury judgment, upon property of the Chicago, South Bend and Northern Indiana Railroad, which railroad caused the injury and damage to the plaintiff. The property of this railroad was, subsequent to the commencement of said suit, purchased upon foreclosure sale by the Northern Indiana Railway, which is, itself, now in the hands of a state court receiver. Defendants are (a) the receiver...

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