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NATIONAL CITY BANK v. KIMBALL COMMERCIAL & SAVINGS BANK

No. 6601.

2 F.2d 461 (1924)

NATIONAL CITY BANK OF CHICAGO v. KIMBALL COMMERCIAL & SAVINGS BANK et al.

Circuit Court of Appeals, Eighth Circuit.

November 20, 1924.

Attorney(s) appearing for the Case

G. L. Wire, of Chicago, Ill., for plaintiff in error.

R. W. Parliman, Jr., of Sioux Falls, S. D. (R. W. Parliman, Sr., and James C. Parliman, both of Sioux Falls, S. D., on the brief), for defendants in error.

Before STONE, Circuit Judge, and MUNGER and MILLER, District Judges.

MUNGER, District Judge.

The plaintiff in error, a national bank of Chicago, brought suit against the Kimball Commercial & Savings Bank, a South Dakota corporation, hereafter called the Kimball Bank, and the members of its board of directors, to recover the value of their certificates of the capital stock of the Kimball Bank. The plaintiff in error claimed it had acquired these certificates from Charles Maher as collateral security for an indebtedness of Maher...

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