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PORTER v. BEHA

8 F.2d 65 (1925)

PORTER v. BEHA, Superintendent of Insurance, et al.

District Court, N. D. New York.

May 25, 1925.

Attorney(s) appearing for the Case

Locke, Babcock, Spratt & Hollister, of Buffalo, N. Y. (Evan Hollister, of Buffalo, N. Y., of counsel), for the plaintiff.

Carl Sherman, Atty. Gen., of New York, Michael J. Montesano, William J. Cahill, and Clarence C. Fowler, Deputy Attys. Gen. (Arthur E. Sutherland, of Rochester, N. Y., of counsel), for defendant Superintendent of Insurance.

Martin T. Nachtmann, of Albany, N. Y., for defendant Metropolitan Life Ins. Co.

COOPER, District Judge.

This suit is brought by the plaintiff as receiver of the First National Bank of Warren, Mass., to impress a trust in favor of the bank upon funds amounting to $39,130.08 in possession of the defendant superintendent of insurance. The money arises from the sale of securities stolen February 6, 1923, from the Massachusetts Bank by one Joseph B. Marsino, who controlled that bank, and sold February 7, 1923, at Buffalo, N. Y., and the proceeds of...

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