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SPELLMIRE v. THIRD NAT. BANK OF PITTSBURGH

No. 173.

34 F.Supp. 77 (1940)

SPELLMIRE et al. v. THIRD NAT. BANK OF PITTSBURGH et al.

District Court, W. D. Pennsylvania.

April 18, 1940.

Attorney(s) appearing for the Case

Campbell, Wick, Houck & Thomas and George D. Wick, all of Pittsburgh, Pa., for plaintiffs.

Hugh C. Boyle, of Pittsburgh, Pa., for Andrew B. Berger, receiver.

Rhea, Grubbs & Hay and Barton Grubbs, II, all of Pittsburgh, Pa., for defendant Harry Collom.

Thorp, Bostwick, Reed & Armstrong, of Pittsburgh, Pa., for defendant Herbert A. May.

John T. Duff, Jr., and Walter W. McVay, both of Pittsburgh, Pa., for defendant Warren I. Bickford.

GIBSON, District Judge.

The plaintiffs were stockholders of The Third National Bank of Pittsburgh, who, after assessment by the Comptroller, paid to the receiver the par value of the stock held by them. The defendants named in the complaint are The Third National Bank of Pittsburgh, Andrew B. Berger, its receiver, and a number of stockholders of the bank from whom collection has not been made of the Comptroller's assessment.

The collections of the receiver...

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