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IN RE MISSISSIPPI VALLEY IRON CO.

No. 10142.

58 F.Supp. 222 (1944)

In re MISSISSIPPI VALLEY IRON CO.

District Court, E. D. Missouri, E. D.

December 11, 1944.

Attorney(s) appearing for the Case

Nagel, Kirby, Orrick & Shepley, Hord W. Hardin, and Frank H. Fisse, all of St. Louis, Mo., for Mississippi Valley Iron Co.

Frank H. Fisse and Daniel Noyes Kirby, both of St. Louis, Mo., for executors of Edward F. Goltra's estate.

Harry C. Barker, of St. Louis, Mo., for trustee Dennis W. Maher.

George O. Durham, of St. Louis, Mo., present attorney for trustee.

Edwards, Metcalfe & Strong, of St. Louis, Mo., for Wheeling Steel Corporation.

Emmet T. Carter, of St. Louis, Mo., for Board of Education of City of St. Louis.

DUNCAN, District Judge.

This controversy arises over the question of allowing damages against the Trustee because of the improper issuing of a preliminary restraining order upon the petition of the Trustee. The Referee denied such damages, and the question is certified to the judge for determination.

The Mississippi Valley Iron Company was adjudged a bankrupt in 1940; a trustee was duly appointed, who took possession of the assets of the bankrupt, including...

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