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GRAHAM v. FIRST NATIONAL BANK OF DICKINSON

Civ. No. 142.

175 F.Supp. 81 (1959)

J. S. GRAHAM, as Trustee of Queen City Oil and Refining Company, a Corporation, Bankrupt, Plaintiff, v. FIRST NATIONAL BANK OF DICKINSON, NORTH DAKOTA, as Trustee, Defendant.

United States District Court D. North Dakota, Southwestern Division.

May 22, 1959.

Attorney(s) appearing for the Case

Norbert J. Muggli, Mackoff, Kellogg, Muggli & Kirby, Dickinson, N. D., for plaintiff.

Reichert & Reichert, Dickinson, N. D., and Edmund W. Hollstein, Rushville, Neb., for defendant.

REGISTER, Chief Judge.

1. The action and proceedings taken in Denver, Colorado, on May 25, 1953, were prior to corporate existence of the corporation here involved. It clearly appears that the corporation did not come into being until May 29, 1953. Section 10-0208, N.D.R.C., 1943. Without going into detail, it appears to the satisfaction of the Court that, with reference to the said bonds and Trust Indenture, there was non-compliance with the statutory requirements...

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