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STEIN v. DELANO

Nos. 7629, 7644.

121 F.2d 975 (1941)

STEIN et al. v. DELANO, Comptroller of the Currency, et al. WALDRON et al. v. SAME.

Circuit Court of Appeals, Third Circuit.

June 30, 1941.

Attorney(s) appearing for the Case

Saul J. Zucker, of Newark, N. J. (Kristeller & Zucker, Burnett & Trelease, and Charles C. Trelease, all of Newark, N. J., and Armstrong & Mullen and Arthur C. Mullen, all of Jersey City, N. J., on the brief), for appellants Stein and others.

Walter J. Bilder, of Newark, N. J. (Bilder, Bilder & Kaufman, of Newark, N. J., on the brief), for appellants Waldron and others.

Robert F. Darby, of Newark, N. J. (J. H. Harrison, of Newark, N. J., on the brief), for defendant-appellee Preston Delano and others.

Before MARIS, CLARK, and GOODRICH, Circuit Judges.

CLARK, Circuit Judge.

The national bank whose difficulties occasioned this litigation was one of the first to bow before the storm. The Comptroller appointed a receiver on June 11, 1932. This stitch seemed very much in time for the subsequent administration of the bank's assets resulted in the full repayment of the principal of the funds deposited. At the beginning of this administration the Comptroller exercised his statutory1 power to...

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