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MERMIS v. WALDO

No. 1517.

91 F.2d 385 (1937)

MERMIS v. WALDO et al.

Circuit Court of Appeals, Tenth Circuit.

July 26, 1937.

Attorney(s) appearing for the Case

C. A. Magaw, of Omaha, Neb. (E. J. Malone, of Hays, Kan., and Thomas F. Doran, Clayton E. Kline, and M. F. Cosgrove, all of Topeka, Kan., on brief), for appellant.

John H. Hunt, of Topeka, Kan. (W. R. Griffin, of Ellis, Kan., and John L. Hunt, of Topeka, Kan., on brief), for appellees.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

The First National Bank of Ellis, Kan., a national banking corporation, organized under the laws of the United States, became insolvent and suspended business on or about March 4, 1933, when it was placed in the custody of a conservator who continued in such capacity until receiver was appointed, qualified, and assumed charge on August 23, 1933.

This action was instituted by said Receiver Richard A. Mermis, as plaintiff, against E...

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