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ROAD DIST. NO. 4 v. HOME BANK & TRUST CO.

No. 4393.

5 F.2d 625 (1925)

ROAD DIST. NO. 4 of SHELBY COUNTY, TEX., v. HOME BANK & TRUST CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 15, 1925.

Attorney(s) appearing for the Case

J. M. Sanders and E. H. Carter, both of Center, Tex., and Oliver J. Todd, of Beaumont, Tex., for appellant.

C. L. Carter and Homer L. Bruce, both of Houston, Tex., opposed.

Before WALKER and BRYAN, Circuit Judges, and CLAYTON, District Judge.

CLAYTON, District Judge.

This is an action by the Home Bank & Trust Company, an Illinois corporation, for the principal amount of certain described bonds and the coupons of other bonds of the same series, issued by the defendant August 11, 1919.

The defense, in its various aspects, was that (1) the bonds and coupons were void, because they were never lawfully delivered by the defendant district or by Shelby county to the plaintiff or its predecessors in...

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