EMPIRE NAT. BANK OF CLARKSBURG v. PENFIELD COAL & COKE CO.

No. 15084.

354 F.2d 873 (1966)

EMPIRE NATIONAL BANK OF CLARKSBURG v. PENFIELD COAL & COKE COMPANY, a Corporation Consolidated Gas Supply Corporation and Godfrey L. Cabot, Inc., Appellants.

United States Court of Appeals Third Circuit.

Decided January 11, 1966.


Attorney(s) appearing for the Case

Cloyd R. Mellott, Pittsburgh, Pa. (William H. Eckert, Edwin L. Klett, Eckert, Seamans & Cherin, Pittsburgh, Pa., on the brief), for appellants.

Richard C. Witt, Pittsburgh, Pa. (Thomas Lewis Jones, White, Jones & Gregg, Pittsburgh, Pa., on the brief), for appellees.

Before GANEY and FREEDMAN, Circuit Judges, and KIRKPATRICK, District Judge.


GANEY, Circuit Judge.

The matter here before the court on appeal concerns the denial by the District Court for the Western District of Pennsylvania, of a motion for construction of certain restraining orders entered by that court in a federal equity receivership proceeding. The receivership, founded upon diversity of citizenship, had its inception on June 18, 1926, at which time a receiver for the assets of the Penfield Coal & Coke Company was appointed.

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