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DELANO v. IVES

No. 1233.

40 F.Supp. 672 (1941)

DELANO, Comptroller of the Currency, v. IVES (BOTFIELD et al., Third Party, defendants).

District Court, E. D. Pennsylvania.

July 15, 1941.

Attorney(s) appearing for the Case

Samuel E. Kratzok, of Philadelphia, Pa., for Delano.

Conlen, LaBrum & Beechwood, by Geo. E. Beechwood, all of Philadelphia, Pa., for Ives.

James E. Gallagher, Jr., of Philadelphia, Pa., for Blanche P. Botfield, etc.

Thomas J. Clary and Richard A. Smith, both of Philadelphia, Pa., for Willing, etc.

Samuel E. Kratzok, of Philadelphia, Pa., for Root and Reed.

James H. Young, of Philadelphia, Pa., for Wheatley, etc.

KIRKPATRICK, District Judge.

The plaintiff as Comptroller of the Currency brought this suit against Norman C. Ives, who was conservator of the defunct Sixth National Bank of Philadelphia from March 14, 1933, until September 29, 1934. The cause of action was non-performance, or negligent performance, of the defendant's statutory duties, in that he (a) negligently paid a dividend to depositors who were obligated to the bank, without setting off obligations which they...

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