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UNITED STATES v. EXCHANGE NATIONAL BANK OF OLEAN

Civ. No. 8711.

217 F.Supp. 287 (1963)

UNITED STATES of America, Plaintiff, v. EXCHANGE NATIONAL BANK OF OLEAN, Leo E. Keenan, Jr., and Harry J. Mullany, as Executors of the Estate of Robert G. Findlay, Deceased, Defendants.

United States District Court W. D. New York.

March 11, 1963.

Attorney(s) appearing for the Case

John T. Curtin, U. S. Atty. (C. Donald O'Connor, Asst. U. S. Atty., of counsel), for plaintiff.

Hornburg, Diggs & Dwyer, Olean, N. Y. (Joseph C. Dwyer, Olean, N. Y., of counsel), for defendants.

HENDERSON, District Judge.

In 1956 Robert G. Findlay, a heating and plumbing contractor, entered into a contract with the Nolan Heating and Sheet Metal Corporation. Later in that year Findlay breached this contract, and in August of 1957 a breach of contract suit was commenced by the Nolan Corporation. On May 27, 1958, Mr. Findlay died hopelessly insolvent but the suit by the Nolan Corporation was continued against his estate, and on August 30, 1959, the Nolan Corporation...

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