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LEARY v. UNITED STATES

No. 314.

253 U.S. 94 (1920)

40 S.Ct. 446

64 L.Ed. 798

LEARY ET AL., ADMINISTRATORS OF LEARY, v. UNITED STATES.

Supreme Court of United States.

Decided May 17, 1920.

Attorney(s) appearing for the Case

Mr. Aubrey E. Strode, with whom Mr. J.T. Coleman, Jr., was on the brief, for appellants.

Mr. Marion Erwin, Special Assistant to the Attorney General, for the United States.

MR. JUSTICE HOLMES delivered the opinion of the court.

The United States brought a bill to charge Kellogg with a trust in respect of funds received by him from Greene and obtained from the plaintiff by Greene through his participation in some well known frauds. In 224 U.S. 567, the representative of Leary was allowed to intervene and to assert a paramount claim upon the funds. In

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