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ZIMMERMAN v. CHICAGO GREAT WESTERN R. CO.

Nos. 10164, 10231.

185 F.2d 399 (1950)

ZIMMERMAN v. CHICAGO GREAT WESTERN R. CO.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied December 7, 1950.

Attorney(s) appearing for the Case

Bryce L. Hamilton, Edward J. Wendrow, George B. Christensen, Harold A. Smith, all of Chicago, Ill. (Winston, Strawn, Shaw & Black, Chicago, Ill., of counsel), for appellant.

James A. Sprowl, Max Swiren, Ben W. Heineman, Louis Linton Dent and Leo T. Norville, all of Chicago, Ill., Sidney Harris, Charles Sylvester, and Sidney G. Kingsley, all of New York City, Alex Elson, Eugene Cotton, Chicago Ill., Joseph A. Ruskay, New York City, and Hubert H. Nexon, Chicago, Ill., for plaintiffs-appellees Jacob B. Zimmerman, et al.

Kenneth F. Burgess, George Ragland, Jr. and Walter J. Cummings, Jr., all of Chicago, Ill., and Arthur R. Seder, Jr., Chicago, Ill., (Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel), for the Committee.

Before KERNER, FINNEGAN and LINDLEY, Circuit Judges.

PER CURIAM.

In view of our conclusions we think it unnecessary to discuss the facts other than very briefly.

The appeals are from interlocutory orders directing defendant Railway Company, in advance of trial upon the merits, to deposit a part of a dividend declared upon preferred stock of defendant into court to be there held until final decision in the case, as security for fees and allowances to plaintiffs' counsel, if and when the court finds that such...

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