Carson v. Long-Bell Lumber Corp. (73 F.2d 397, 1934)

GARDNER, Circuit Judge.

This is a suit in equity brought by appellants, with certain others who have not joined in this appeal, as the owners of certain mortgage bonds amounting in the aggregate to $16,100, against ihe-Long-Boll Lumbar Corporation, a, Maryland corporation, the Long-Bell Lumber Company, a Missouri corporation, and the Long-Bell Lumber Sales Corporation, a Delaware corporation, various corporate subsidiaries of the Long-Ball Lumber Company, and the officers and directors of all of the corporations. The bill winch was four times amended is somewhat involved, and it is difficult to express in a few words the nature and (he purpose of the suit. A statement of (lie substance of Ihe relief demanded may assist in a better understanding of ihe nature and extent of the issues.

The prayer of the complaint comprises more than four pages of the printed record, and may be summarized as follows: (1) That a receiver be forthwith appointed of all the property of every nature, wheresoever situated, held, and controlled by the defendant companies, with power to fake possession, to conduct the business of ihe companies, to bring suit for the collection and possession of all properties, and with oilier usual powers of receivers in such cases; that the officers, managers, supcriiitoudeiils, agents, and employees of the defendant companies and of: their subsidiaries be required forthwith to deliver up to the receiver possession of all the properties of ihe companies, including all books, papers, files, and documents in relation to the business of the defendant companies; (2) that the court administer the property rights and business belonging to the defendant companies and their subsidiaries, and adjudicate, enforce, and adjust the rights, liens, equities, and claims of all creditors of the defendant companies, including the plaintiff, and marshal the assets of the defendant companies for the benefit of their creditors; (3) that all creditors, stockholders of the defendant companies and their subsidiaries, including railroads, be enjoined from instituting or prosecuting, or continuing the prosecution, of any actions, suits, or proceedings at law, against the defendant companies, or their subsidiaries; (