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JENCKES v. DEITRICK

No. 134.

27 F.Supp. 408 (1939)

JENCKES v. DEITRICK.

District Court, D. Massachusetts.

May 4, 1939.

Attorney(s) appearing for the Case

Marcien Jenckes, pro se, and Choate, Hall & Stewart, all of Boston, Mass., for plaintiff.

Andrew J. Aldridge and Brenton K. Fisk, both of Boston, Mass., for defendant.

Malcolm C. Stewart, of Boston, Mass., for Irvin A. Schloss and John Daniell et al.

BREWSTER, District Judge.

Plaintiff has moved for a summary judgment upon pleadings and affidavits, from which the following undisputed facts appear:

In 1923, the Federal Trust Company, a trust company organized under the laws of Massachusetts, in accordance with the applicable provisions of the National Banking Act (12 U.S.C.A. § 35), became a national bank known as the Federal National Bank. At the time of the conversion the Trust Company held a certificate...

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