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TEST v. CITY OF INDIANAPOLIS

No. 8489.

145 F.2d 775 (1944)

TEST v. CITY OF INDIANAPOLIS et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 2, 1945.

Attorney(s) appearing for the Case

Arthur L. Gilliom, Karl J. Stipher, Gilliom & Gilliom, and Elbert R. Gilliom, all of Indianapolis, Ind., for appellant.

Wm. H. Thompson, Perry E. O'Neal, Patrick J. Smith, and Sidney S. Miller, all of Indianapolis, Ind. (Archie N. Bobbitt, City Atty., of Indianapolis, Ind., of counsel), for City of Indianapolis.

Paul Y. Davis, Frank C. Dailey, Harvey B. Hartsock, George S. Dailey, and Gustav H. Dongus, all of Indianapolis, Ind., for Citizens Gas Co. of Indianapolis.

Before EVANS, MAJOR, and MINTON, Circuit Judges.

MAJOR, Circuit Judge,

This is an appeal from a judgment favorable to defendants in an action to recover upon certain mortgage bonds and attached interest coupons issued by the defendant Citizens Gas Company of Indianapolis, dated July 1, 1912, and to foreclose the mortgage executed to secure their payment. The mortgaged property constitutes the res of the public charitable trust which this court considered in Todd v. Citizens' Gas Company of Indianapolis, 1931,

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