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WARNER COAL CORPORATION v. COSTANZO TRANSP. CO.

No. 5253.

144 F.2d 589 (1944)

WARNER COAL CORPORATION v. COSTANZO TRANSP. CO. et al.

Circuit Court of Appeals, Fourth Circuit.

August 4, 1944.

Attorney(s) appearing for the Case

James A. Butler, of Cleveland, Ohio, and Howard D. Matthews, of Wheeling, W. Va. (G. Alan Garden and Lester C. Hess, both of Wheeling, W. Va., Bulkley, Butler & Pillen, of Cleveland, Ohio, and Handlan, Garden, Matthews & Hess, of Wheeling, W. Va., on the brief), for appellant.

R. G. Jeter, of Akron, Ohio, and Melvin W. Kahle, of Wheeling, W. Va. (Austin V. Wood and George A. Blackford, both of Wheeling, W. Va., on the brief), for appellees.

Before PARKER, SOPER, and NORTHCOTT, Circuit Judges.

SOPER, Circuit Judge.

This appeal is taken from a judgment whereby the Warner Coal Company, a West Virginia corporation, the lessee of two coal mines on the Ohio River in the panhandle area of the State, was adjudged a bankrupt on February 10, 1944. It is contended that the judgment should be reversed because (1) the judge erroneously excluded from the consideration of the jury certain evidence as to the value of the property...

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