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GIESECKE v. PITTSBURGH HOTELS

No. 8857.

152 F.2d 689 (1945)

GIESECKE v. PITTSBURGH HOTELS, Inc., et al. FORT PITT HOTEL, Inc., v. SAME. Appeal of GIESECKE.

Circuit Court of Appeals, Third Circuit.

Decided November 27, 1945.

As Amended December 7, 1945.

As Further Amended on Denial of Rehearing January 4, 1946.

Attorney(s) appearing for the Case

Harold C. Ackert, of St. Louis, Mo., and Drayton Heard, of Pittsburgh, Pa. (John W. Giesecke, of St. Louis, Mo., Heard & Heard, of Pittsburgh, Pa., and Ackert, Giesecke & Waugh, of St. Louis, Mo., on the brief), for appellant.

J. Garfield Houston, of Pittsburgh, Pa. (Blaxter, O'Neill & Houston, of Pittsburgh, Pa., on the brief), for Pittsburgh Hotels.

Thomas N. Griggs, of Pittsburgh, Pa. (Griggs, Moreland & Blair, of Pittsburgh, Pa., on the brief), for Fort Pitt Hotel, Inc.

Ella Graubart, of Pittsburgh, Pa. (James S. Crawford and Patterson, Crawford, Arensberg & Dunn, all of Pittsburgh, Pa., on the brief), for Peoples-Pittsburgh Trust Co.

Before MARIS, GOODRICH, and McLAUGHLIN, Circuit Judges.

MARIS, Circuit Judge.

On and prior to May 1, 1940 Pittsburgh Hotels, Inc. owned three properties in Pittsburgh, the William Penn Hotel, the Fort Pitt Hotel and a service building. These properties were all subject to the lien of a first mortgage then held by The Union Trust Company of Pittsburgh and later assigned to the Mutual Life Insurance Company of New York and to the lien of a second mortgage indenture dated January 1, 1937 given to the Peoples-Pittsburgh Trust...

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