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IN RE LINDA COAL AND SUPPLY COMPANY

No. 12392.

255 F.2d 653 (1958)

In the Matter of LINDA COAL AND SUPPLY COMPANY, a Corporation, Alleged Bankrupt. L. H. Haberman & Son, Ellsworth Meeder, Ralph Barkley and Robert J. Cunningham, Jr., Appellants.

United States Court of Appeals Third Circuit.

Decided May 19, 1958.

Attorney(s) appearing for the Case

Earl F. Reed, Pittsburgh, Pa. (William D. Sutton, Thorp, Reed & Armstrong, Pittsburgh, Pa., on the brief), for appellants.

Edmund K. Trent, Pittsburgh, Pa. (Elder W. Marshall, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This case started with the filing of a petition by certain general creditors of Linda Coal and Supply Company praying that the corporation be adjudged a bankrupt. The relevant portions of the Bankruptcy Act are set out in the margin.1 After a hearing in which the evidence dealt only with the circumstances of the disposition of a certain dragline, the court below stated that "* * * there was but one issue and...

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