WESTERN PAC. R. CORP. v. WESTERN PAC. R. CO.

No. 12506.

205 F.2d 374 (1953)

WESTERN PAC. R. CORP. et al. v. WESTERN PAC. R. CO. et al. METZGER et al. v. WESTERN PAC R. CO. et al.

United States Court of Appeals Ninth Circuit.

June 12, 1953.


Attorney(s) appearing for the Case

Herman Phleger, Moses Lasky, Brobeck, Phleger & Harrison, San Francisco, Cal., Frank C. Nicodemus, Jr., Norris Darrell and Mahlon Dickerson, New York City, Le Roy R. Goodrich, Oakland, Cal., for appellant Western Pac. R. Corp.

Herman Phleger, Moses Lasky, Brobeck, Phleger & Harrison, San Francisco, Cal., for appellant du P. Bayard, Receiver.

Julius Levy, Webster V. Clark, Rogers & Clark, San Francisco, Cal., Pomerantz, Levy, Schreiber & Haudek, New York City, David Freidenrich, San Francisco, Cal., for appellants Metzger and others.

Allan P. Matthew, James D. Adams, Robert L. Lipman, Burnham Enersen, Walker Lowry, McCutchen, Thomas, Matthew, Griffiths & Greene, San Francisco, Cal., for appellee Western Pac. R. Co. and others.

Everett A. Mathews, Pillsbury, Madison & Sutro, San Francisco, Cal., A. Donald MacKinnon, Milbank, Tweed, Hope & Hadley, Forbes D. Shaw, Whitman, Ransom, Coulson & Goetz, New York City, for appellee Western Realty Co.

Before DENMAN, Chief Judge, and MATHEWS, STEPHENS, HEALY, BONE, ORR, and POPE, Circuit Judges.


PER CURIAM.

On or about January 3, 1951, a division of this court consisting of Circuit Judge Healy and District Judges Fee and Byrne was designated and assigned to hear and decide this case. For that purpose, the division constituted the court. The division heard the case on February 28, 1951, and decided it on October 29, 1951.1

On December 17, 1951, three of the parties (Meredith H. Metzger, Henry Offerman and J. S. Farlee ...

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