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AMERICAN SURETY CO. v. NATIONAL BANK

No. 331.

17 F.2d 942 (1927)

AMERICAN SURETY CO. OF NEW YORK v. NATIONAL BANK OF BARNESVILLE, OHIO, et al.

District Court, S. D. Ohio, E. D.

Attorney(s) appearing for the Case

Booth, Keating, Pomerene & Boulger, of Columbus, Ohio, for plaintiff.

W. O. Chappell, of Barnesville, Ohio, for defendant receiver.

Herbert Mitchell, of St. Clairsville, Ohio, and J. H. Chaney, of Barnesville, Ohio, for defendant board of education.

HOUGH, District Judge.

This case was submitted to the court upon the pleadings, consisting of the bill and separate answers of the receiver and the board of education, and agreed statement of facts, oral arguments, and briefs.

The Barnesville National Bank is in receivership. Prior to its failure it became the depository for the school funds of the defendant board of education. At the time the bank became the depository for the school funds, and in order to...

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