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FIRST NAT. BANK OF LOWELL v. LOWELL NAT. BANK

Civ. No. 261.

47 F.Supp. 925 (1942)

FIRST NAT. BANK OF LOWELL v. LOWELL NAT. BANK et al.

District Court, N. D. Indiana, Hammond Division.

November 17, 1942.

Attorney(s) appearing for the Case

Crumpacker & Friedrich, Schuyler C. Dwyer, and John M. Stinson, all of Hammond, Ind., for plaintiff.

Bomberger, Peters & Morthland and Glenn D. Peters, all of Hammond, Ind., for defendant Lowell Nat. Bank.

John W. Lyddick, of Gary, Ind., for defendant Elmer Heitman, receiver.

SLICK, District Judge.

The two important questions involved in this suit are the right claimed by defendant to charge interest under a contract entered into between plaintiff and defendant on March 15, 1930, and the right claimed by defendant to charge back certain notes previously assigned to defendant by plaintiff, called the Foster notes.

Defendant argues in its brief that plaintiff's claim that the cash assets taken over by defendant were sufficient to...

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