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LUCKING v. FIRST NAT. BANK-DETROIT

No. 9649.

142 F.2d 528 (1944)

LUCKING et al. v. FIRST NAT. BANK-DETROIT et al.

Circuit Court of Appeals, Sixth Circuit.

April 21, 1944.

Attorney(s) appearing for the Case

William Alfred Lucking, of Detroit, Mich., for appellants.

Frank E. Wood, of Cincinnati, Ohio (Frank E. Wood and Robert S. Marx, both of Cincinnati, Ohio, Carl Runge and Lawrence I. Levi, both of Detroit, Mich., and Nichols, Wood, Marx & Ginter, of Cincinnati, Ohio, on the brief), for appellee First Nat. Bank-Detroit.

William B. Cudlip, T. Donald Wade, and Dickinson, Wright, Davis, McKean & Cudlip, all of Detroit, Mich., for appellee National Bank of Detroit.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

PER CURIAM.

The appellants filed a class suit in the state court on behalf of general depositors, creditors and stockholders against the First National Bank-Detroit, an insolvent bank, and the solvent National Bank of Detroit. The case was removed to the District Court, and appellants filed a motion to remand the case to the state court upon the ground that it presented a controversy not removable under the federal statutes. The motion to remand was denied and the...

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