v1007-465

IN THE

United States Circuit Court of Appeals

FOR THE NINTH CIRCUIT.

The Equitable Trust Com pan

York,

Plaintiff,

vs

. Appeal.

Western Pacific Railway Com? . i

Defendant. I

In the Matter of the Petition of the Equitable

Trust Company of New York, as Trustee,

for a Writ of Mandamus to be issued and

directed to Honorable William C. Van

Fleet, Judge of the District Court of the

United States for the Northern District of

California, and to said District Court.

Petition for

Mandate.

Ex Parte The Equitable Trust Company of

Xew York, as Trustee of the First Mort-

gage of the Western Pacific Railway Com-

pany, Plaintiff in the Action of the Equita-

ble Trust Corapanj' of New York, as

Trustee, against 'estern Pacific Railway

Company.

Petition for

Prohibition.

Memorandum of Points and Authorities to Show That

Apart From Any Consideration on the Merits, 1. The

Appeal Herein Should Be Dismissed; 2. The Application

for a Writ of Mandamus Should Be Denied; and 3. The

Application for a Writ of Prohibition Should Be Denied.

GARRET W. McENERNEY,

JOHN S. PARTRIDGE,

Attomej'S for Receivers' and* Respondent.

68 SUnataoa St., S. F

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