SCHERK
v.
NEWTON et al. (two cases). In re ROCKY MOUNTAIN FUEL CO.
Circuit Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
December 28, 1945.
December 28, 1945.
Attorney(s) appearing for the Case
Louis G. Isaacson and I. L. Quiat, both of Denver, Colo., for appellant.
Anthony F. Zarlengo, of Denver, Colo., for Wilbur Newton, trustee.
John I. Mayer, Atty., Securities and Exchange Commission, of Chicago, Ill. (Roger S. Foster, Sol., of Philadelphia, Pa., and John L. Geraghty, of Denver, Colo., Thomas B. Hart and G. Gale Roberson, both of Chicago, Ill., Theodore L. Thau, of Washington, D. C., and Alfred Hill, Attys., Securities and Exchange Commission, of Philadelphia, Pa., on the brief), for Securities and Exchange Commission.
Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.
Circuit Court of Appeals, Tenth Circuit.
PHILLIPS, Circuit Judge.
The Rocky Mountain Fuel Company1 is a corporation organized under the laws of Wyoming. It is engaged in the business of mining and selling coal. On April 1, 1913, it issued its First and Refunding Mortgage Bonds, maturing April 1, 1943, and bearing interest at the rate of 5 per cent per annum, payable semi-annually on April 1 and October 1, evidenced by interest coupons attached to such bonds. The aggregate principal...
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