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DEUTSCHLE v. WILSON

No. 8709.

39 F.2d 406 (1930)

DEUTSCHLE v. WILSON et al.

Circuit Court of Appeals, Eighth Circuit.

March 8, 1930.

Attorney(s) appearing for the Case

Merrill Gilmore, of Ottumwa, Iowa (K. E. Willcockson and Edwin Willcockson, both of Sigourney, Iowa, and Edwin G. Moon, of Ottumwa, Iowa, on the brief), for appellant.

Charles C. Heninger, of Sigourney, Iowa, and Walter McNett, of Ottumwa, Iowa, for appellee.

Before STONE and BOOTH, Circuit Judges, and REEVES, District Judge.

REEVES, District Judge.

Appellant sued the receiver of the First National Bank of Hedrick, Iowa, and others on account of a deposit, which he says he made in said bank prior to receivership, to wit, October 24, 1924.

The court below sustained a motion to strike from the files the whole of appellant's substituted petition. This was done upon the several grounds that such pleading was but a repetition of a former petition, parts of which had been stricken out...

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