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WHEELING VALLEY COAL CORPORATION v. MEAD

No. 5774.

171 F.2d 916 (1949)

WHEELING VALLEY COAL CORPORATION et al. v. MEAD. In re WARNER COAL CORPORATION.

United States Court of Appeals Fourth Circuit.

January 3, 1949.

Attorney(s) appearing for the Case

Gordon D. Kinder, of Martins Ferry, Ohio, and George A. Blackford, of Wheeling, W. Va. (Gordon T. Kinder, of Martins Ferry, Ohio, on the brief), for appellants.

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

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

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This case has already been before us twice. Warner Coal Corporation v. Costanzo Transportation Co., 4 Cir., 144 F.2d 589, certiorari denied 323 U.S. 791, 65 S.Ct. 432, 89 L.Ed. 631; Wheeling Valley Coal Corporation v. Brady, 4 Cir., 159 F.2d 155. In this last opinion, we gave a brief chronology of the most important events in this complicated bankruptcy case, 159 F.2d at pages...

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