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CENTRAL UNITED NAT. BANK OF CLEVELAND v. FORT SMITH & W. RY. CO.

No. 545.

32 F.Supp. 568 (1940)

CENTRAL UNITED NAT. BANK OF CLEVELAND v. FORT SMITH & W. RY. CO. (BOONE, Intervener).

District Court, W. D. Arkansas, Fort Smith Division.

April 3, 1940.

Attorney(s) appearing for the Case

Hill, Fitzhugh & Brizzolara, of Fort Smith, Ark., for T. W. M. Boone, trustee.

Warner & Warner, of Fort Smith, Ark., for J. S. Parks, receiver, Fort Smith & W. Ry. Co.

Frederick E. Baukhages, III, of Washington, D. C., for Reconstruction Finance Corporation.

M. D. Green, of Oklahoma City, Okl., for Missouri, K. & T. R. Co.

Thomas B. Pryor, of Fort Smith, Ark., for Guy A. Thompson, trustee, Missouri Pac. R. Co.

RAGON, District Judge.

On November 20, 1900, an agreement was made and entered into between a committee representing the citizens of Fort Smith and the Fort Smith & Western Railroad Company, whereby certain lands were to be purchased by the citizens for the purposes of donating it to the railroad company and upon which the railroad company agreed they would construct their terminal facilities, together with necessary switches. It is not necessary to go into the...

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