Reconstruction Finance Corp. v. Kentucky River Coal Corp.

Sixth Circuit

Reconstruction Finance Corp. v. Kentucky River Coal Corp.

122 F.2d 616, 1941 U.S. App. LEXIS 4561

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 25, 1941

DocketNo. 8948

StatusPublished

This text of 122 F.2d 616 (Reconstruction Finance Corp. v. Kentucky River Coal Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Reconstruction Finance Corp. v. Kentucky River Coal Corp., 122 F.2d 616, 1941 U.S. App. LEXIS 4561 (6th Cir. 1941).

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Opinion

PER CURIAM!.

This cause being submitted on the record, briefs and argument of counsel and it appearing that the subject matter of this appeal was considered by this court in appeal No. 8514 between the same parties, reported in 6 Cir., 114 F.2d 942, and it further appearing that, pursuant to this court’s mandate, the lower court caused its decree to be carried out by ordering a public sale as a unit of the properties involved, and it further appearing that at said sale the appellant herein offered a bid of $25,000 for the machinery and mining equipment separate and apart from the leasehold, and it further appearing that the appellee, the Kentucky River Coal Corporation, bid at said sale $10,000, for the machinery and equipment and leasehold all in lien to tlie appellant, Reconstruction Finance Corporation.

Now, therefore, in view of the former opinion of this court affirming the judgment of the district court, it is adjudged that the bid of the Kentucky River Coal Corporation for the present properties as a whole was adequate and the court did not abuse its discretion in confirming the present sale, and that the receiver was not compelled to accept appellant’s bid of $25,-000 for the machinery and mining equipment separate and apart from the leasehold.

The judgment of the district court is in all matters affirmed.

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PER CURIAM!.

This cause being submitted on the record, briefs and argument of counsel and it appearing that the subject matter of this appeal was considered by this court in appeal No. 8514 between the same parties, reported in 6 Cir., 114 F.2d 942, and it further appearing that, pursuant to this court’s mandate, the lower court caused its decree to be carried out by ordering a public sale as a unit of the properties involved, and it further appearing that at said sale the appellant herein offered a bid of $25,000 for the machinery and mining equipment separate and apart from the leasehold, and it further appearing that the appellee, the Kentucky River Coal Corporation, bid at said sale $10,000, for the machinery and equipment and leasehold all in lien to tlie appellant, Reconstruction Finance Corporation.

Now, therefore, in view of the former opinion of this court affirming the judgment of the district court, it is adjudged that the bid of the Kentucky River Coal Corporation for the present properties as a whole was adequate and the court did not abuse its discretion in confirming the present sale, and that the receiver was not compelled to accept appellant’s bid of $25,-000 for the machinery and mining equipment separate and apart from the leasehold.

The judgment of the district court is in all matters affirmed.

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122 F.2d 616, 1941 U.S. App. LEXIS 4561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reconstruction-finance-corp-v-kentucky-river-coal-corp-ca6-1941.

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