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DEPARTMENT OF F. I. v. MERCANTILE-COMMERCE B. & T. CO.

Nos. 6257, 6309.

92 F.2d 639 (1937)

DEPARTMENT OF FINANCIAL INSTITUTIONS OF INDIANA et al. v. MERCANTILE-COMMERCE BANK & TRUST CO. et al. MERCANTILE-COMMERCE BANK & TRUST CO. et al. v. CENTRAL UNION BANK et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied November 23, 1937.

Attorney(s) appearing for the Case

Winfield K. Denton, Milford M. Miller, and William C. Welborn, all of Evansville, Ind., for Department of Financial Institutions and another.

Truman Post Young, and Fred Armstrong, Jr., both of St. Louis, Mo., and Richard R. McGinnis, of Evansville, Ind., for trustees.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

This is an appeal from a decree of foreclosure and sale under a trust deed securing $412,500 and covering a ten-story office and bank building, a part of the assets of appellant Central Union Bank. Appellant Department of Financial Institutions of the state of Indiana was in possession of the bank's assets for the purpose of liquidation under the Indiana statute.

Appellants contend that the...

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