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IRVING TRUST CO. v. UNITED STATES

No. 43100.

30 F.Supp. 696 (1940)

IRVING TRUST CO. v. UNITED STATES.

Court of Claims.

January 8, 1940.

Attorney(s) appearing for the Case

Wilton H. Wallace and Edward F. Colladay, both of Washington, D. C. (Colladay, McGarraghy, Colladay & Wallace, of Washington, D. C., and Martin Saxe, of New York City, on the brief), for plaintiff.

D. F. Hickey, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, Sp. Assts. to Atty. Gen., on the brief), for defendant.

Before WHALEY, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHITAKER, Judges.

WHITAKER, Judge.

On November 9, 1926, the Irving Bank and Trust Company and the American Exchange-Pacific Bank, both New York corporations, entered into an "Agreement for Merger" of the two corporations, under the terms of which the Bank was to be merged into the Trust Company. This agreement provided that, after it had been approved by the Superintendent of Banks and by the stockholders of the respective parties, it should become effective upon the filing in the...

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