Legal Opinion

Fearon v. Bankers' Trust Co.

Court of Appeals for the Third Circuit

Decided December 19, 1916No. Nos. 2165, 2172PublishedCited by 6 opinions

Appeals from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. Suits in equity by the Bankers’ Trust Company to foreclose mortgages of tire Wabash Pittsburgh Terminal Railway Company and the Wabash Pittsburgh Railway Company. Charles Fearon and others, composing a bondholders’ committee, appeal from an order refusing them permission to intervene, and from an order confirming a sale of the property.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

This case concerns the winding up of what may he called the Pittsburgh Wabash Railroad receivership. It comes before us in 'two phases: One is an appeal by certain first mortgage bondholders, represented by the Fearon committee, from an order of the court below refusing to allow them to become inter-veners ; the other, their appeal from an order of said court dismissing their exceptions to, and confirming, a master’s sale of the receivership property. The two cases were presented and heard separately, but as the parties are the same, and as they in substance involve…

2Cited by6 opinions

  1. Campbell v. Alleghany CorporationCourt of Appeals for the Fourth Circuit · 1935
  2. Graselli Chemical Co. v. Ætna Explosives Co.Court of Appeals for the Second Circuit · 1918
  3. Warner Bros. Pictures, Inc. v. Lawton-Byrne-Bruner Ins. Agency Co.Court of Appeals for the Eighth Circuit · 1935
  4. American Brake Shoe & Foundry Co. v. Interborough Rapid Transit Co.Court of Appeals for the Second Circuit · 1941
  5. First National Bank v. Bryn Mawr Beach Building Corp.Appellate Court of Illinois · 1936

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