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NEW YORK TRUST CO. v. VIRGINIA IRON, COAL & COKE CO.

No. 6056.

46 F.2d 248 (1931)

NEW YORK TRUST CO. et al. v. VIRGINIA IRON, COAL & COKE CO. et al.

Circuit Court of Appeals, Fifth Circuit.

January 15, 1931.

Attorney(s) appearing for the Case

Wm. H. Fleming, of Augusta, Ga., Jesse E. Waid, Wm. Wallace, Jr., and Louis G. Bissell, all of New York City (White & Case, of New York City, and Fleming & Fleming, of Augusta, Ga., Chadbourne, Stanchfield & Levy, William Wallace, Jr., Louis G. Bissell, Jesse E. Waid, and Carlos L. Israels, all of New York City, and William H. Fleming, of Augusta, Ga., on the brief), for appellants.

James M. Hull, Jr., of Augusta, Ga., Lewis C. Williams, of Richmond, Va., Elmer B. Collins, Sp. Asst. to Atty. Gen., and Chas. L. Redding, U. S. Atty., of Savannah, Ga., for appellees.

Before FOSTER and WALKER, Circuit Judges, and GRUBB, District Judge.

GRUBB, District Judge.

This is an appeal from a supplemental decree entered June 17, 1930, by the District Court of the United States for the Southern District of Georgia, instructing the receivers of the Georgia & Florida Railroad Company, defendant, to issue $800,000 of Receivers' Certificates, Series B, subordinate to Series A, an issue previously authorized, but superior to the outstanding first mortgage bonds of the defendant railroad company and the lien...

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