AMERICAN COAL BURNER CO. v. MERRITT

No. 9059.

129 F.2d 314 (1942)

AMERICAN COAL BURNER CO. v. MERRITT.

Circuit Court of Appeals, Sixth Circuit.

June 1, 1942.


Attorney(s) appearing for the Case

Thomas S. Dawson, of Louisville, Ky. (Woodward, Dawson & Hobson, of Louisville, Ky., on the brief), for appellant.

Thomas E. Sandidge, of Owensboro, Ky., for appellee.

Before ALLEN, HAMILTON and McALLISTER, Circuit Judges.


ALLEN, Circuit Judge.

This appeal arises out of the disallowance of a mechanic's lien claim upon the real estate of the Nelson Creek Coal Company, a bankrupt corporation doing business in the state of Kentucky. Prior to bankruptcy the appellant had sold the coal company and installed for it two automatic coal burning systems for which no part of the purchase price had been paid. In accordance with Sections 2463 and 2468, Carroll's Kentucky Statutes, appellant had...

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