Central Trust Co. v. Denver & R. G. R.
Court of Appeals for the Eighth Circuit
Appeals from the District Court of the United States for the District of Colorado; John A. Riner, Judge. Suit by the Central Trust Company of New York, trustee, against the Colorado Midland Railway Company, the Denver & Rio Grande Railroad Company, the Rio Grande Junction Railway Company, and George Jay Gould. From a decree dismissing the bill as to the two last-named corporations, complainant appeals.
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Appeals from the District Court of the United States for the District of Colorado; John A. Riner, Judge. Suit by the Central Trust Company of New York, trustee, against the Colorado Midland Railway Company, the Denver & Rio Grande Railroad Company, the Rio Grande Junction Railway Company, and George Jay Gould. From a decree dismissing the bill as to the two last-named corporations, complainant appeals. On December 13, 1912, the appellant brought suit against the Colorado Midland Railway Company, hereafter called the Midland Company, praying the appointment of receivers for all its property…
1Opinion of the CourtSmith, Circuit Judge
(after stating the facts as above). This case has been submitted upon the correctness of the ruling on the motions to dismiss and the refusal to pass upon the application for a temporary injunction with an elaboration and care that is to be approved. It has been examined with great care, but it cannot be expected that this court will in an opinion review all the hundreds of authorities cited.'
The motions to dismiss were filed under rule 29 (188 Fed. xix, 109 C. C. A. xix) of those in force February 1, 1913, and have the force and effect of demurrers. In the consideration of such motions the…
2Cases cited7 opinions
- In re Rieger, Kapner & AltmarkDistrict Court, S.D. Ohio · 1907
- Central Improvement Co. v. Cambria Steel Co.Court of Appeals for the Eighth Circuit · 1913
- Linn & Lane Timber Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1912
- New England Water Works Co. v. Farmers' Loan & Trust Co.Court of Appeals for the Seventh Circuit · 1905
- Guaranty Trust Co. of New York v. Atlantic Coast Electric R.Court of Appeals for the Third Circuit · 1905
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3Cited by3 opinions
- Cleveland Trust Co. v. Consolidated Gas, Electric Light & Power Co.Court of Appeals for the Fourth Circuit · 1932
- Vallery v. Denver & R. G. R.Court of Appeals for the Eighth Circuit · 1916
- Vallery v. Denver & R. G. R.Court of Appeals for the Eighth Circuit · 1916