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FORD v. BUFFALO EAGLE COLLIERY CO.

No. 4728.

122 F.2d 555 (1941)

FORD et al. v. BUFFALO EAGLE COLLIERY CO. et al.

Circuit Court of Appeals, Fourth Circuit.

September 10, 1941.

Attorney(s) appearing for the Case

Walter L. Brown, of Huntington, W. Va. (C. W. Strickling, Jackson N. Huddleston, and Fitzpatrick, Brown & Davis, all of Huntington, W. Va., on the brief), for appellants.

E. L. Hogsett, of Huntington, W. Va. (J. W. St. Clair and Hogsett, St. Clair & Greene, all of Huntington, W. Va., on the brief), for appellees.

Before SOPER, DOBIE, and NORTHCOTT, Circuit Judges.

DOBIE, Circuit Judge.

James H. Ford, Leroy Allebach, Gideon S. Borden, and Robert Mankin, all appellants herein, are the holders of certain notes executed by the Buffalo Eagle Colliery Company (hereinafter called Colliery Company) and secured by a deed of trust covering all the property and assets of the Colliery Company. After appellants' deed of trust was both executed and recorded, the Collector of Internal Revenue seized the assets of the Colliery Company and...

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