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WHEELING VALLEY COAL CORPORATION v. BRADY

No. 5510.

159 F.2d 155 (1947)

WHEELING VALLEY COAL CORPORATION et al. v. BRADY.

Circuit Court of Appeals, Fourth Circuit.

January 6, 1947.

Attorney(s) appearing for the Case

Gordon D. Kinder, of Martin's Ferry, Ohio (George A. Blackford, of Wheeling, W. Va., on the brief), for appellants.

Carl G. Bachmann, of Wheeling, W. Va., for appellee.

Hugh Wells, of Cleveland, Ohio (Charles McCamic, of Wheeling, W. Va., on the brief), for objecting creditors as amici curiae.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

DOBIE, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Northern District of West Virginia (affirming a decision of the Referee in Bankruptcy) disallowing certain claims of the appellants for alleged obligations of a special bankruptcy receiver appointed by the District Court.

A brief chronology may help to make the whole situation clearer. In August, 1942, appellants leased to Warner Coal Corporation (hereinafter...

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