United States v. White Sulphur Springs, Inc.

MOORE, District Judge.

The question presented here is: Shall the award of $3,300,000 made in the condemnation of the property of White Sulphur Springs, Incorporated (hereinafter called “White Sulphur”), be paid to the Chesapeake and Ohio Railway Company (hereinafter called “Railway”) as grantee under a deed dated October 16, 1942, con*49veying all White Sulphur’s property xo Railway; or, shall it be paid to Central Hanover Bank and Trust Company (hereinafter called “Trustee”), the Trustee under Railway’s general mortgage dated February 23, 1892?

The condemnation proceeding was instituted on…