GILLMOR v. INDIANAPOLIS GAS CO.

Nos. 8266-8268.

136 F.2d 925 (1943)

GILLMOR et al. v. INDIANAPOLIS GAS CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied August 2, 1943.


Attorney(s) appearing for the Case

Morton G. Rosenberg, of New York City, James K. Northam, Donald L. Smith, and Walter Myers, Jr., all of Indianapolis, Ind., and Paul E. Kern and Karelsen & Karelsen, all of New York City, for appellants.

Louis B. Ewbank, W. H. Thompson, Perry E. O'Neal, and Patrick J. Smith, all of Indianapolis, Ind. (Sidney S. Miller, Corp. Counsel, and Archie N. Bobbitt, City Atty., both of Indianapolis, Ind., of counsel), for appellees.

Before EVANS, MAJOR, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

These suits were separately brought by bondholders of the Indianapolis Gas Company1 to recover interest claimed to be due upon the Gas Company coupons from April 1, 1936, to April 1, 1942. The Gas Company served a third-party complaint upon the city as third-party defendant, alleging that the city was or would be liable for any judgment recovered by the plaintiffs. The case was tried without a jury. The court found...

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