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THE NATIONAL FOUNDATION v. FIRST NAT. BANK OF CATAWBA CO.

No. 8160.

288 F.2d 831 (1961)

THE NATIONAL FOUNDATION, a corporation, Appellant, v. FIRST NATIONAL BANK OF CATAWBA COUNTY, N. C., a banking corporation, et al., Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 23, 1961.

Attorney(s) appearing for the Case

Harry C. Hewson, Charlotte, N. C. (Hunter M. Jones and Robinson, Jones, & Hewson, Charlotte, N. C., on the brief), for appellant.

Young M. Smith, Hickory, N. C. (Smith & Keener, Hickory, N. C., on the brief), for appellees.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and BARKSDALE, District Judge.

HAYNSWORTH, Circuit Judge.

This action arose out of a contest between The National Foundation and its associated Catawba County (North Carolina) Chapter for control of certain proceeds of March of Dimes campaigns in Catawba County. The District Judge, construing the governing contract, decided that The National Foundation, rather than its Catawba Chapter, was entitled to control and administer the funds, but held that the funds were impressed with a public trust restricting...

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