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EDNER v. MATHEWS

Civil Actions Nos. 1769, 2200.

58 F.Supp. 486 (1944)

EDNER v. MATHEWS. SAME v. MASSACHUSETTS MUT. LIFE INS. CO. (MATHEWS, Third-Party Defendant).

District Court, W. D. Pennsylvania.

December 29, 1944.

Attorney(s) appearing for the Case

L. D. McCall, of DuBois, Pa., and Kountz & Fry, of Pittsburgh, Pa., for plaintiff.

Albrecht, Maguire & Mills, of Buffalo, N. Y., and P. K. Motheral and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., for third-party defendant.

SCHOONMAKER, District Judge.

These two cases were tried together. In the action at No. 1769 C. A., plaintiff is seeking to recover one thousand shares of stock of Mill Creek Gas & Oil Company (a Pennsylvania corporation), which George B. Mathews (now deceased) acquired, among other properties, under the terms of an agreement between Lum and Mathews, dated February 2, 1934, to secure debts of $37,964.62, then owed by Lum to Mathews, and an additional $71,801.21...

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