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JOHNS v. UNITED BANK & TRUST CO. OF CALIFORNIA

Nos. 4881, 4882.

15 F.2d 300 (1926)

JOHNS v. UNITED BANK & TRUST CO. OF CALIFORNIA, and four other cases.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied November 15, 1926.

Attorney(s) appearing for the Case

Everts, Ewing, Wild & Everts and D. S. Ewing, all of Fresno, Cal., and Cushing & Cushing, Charles S. Cushing, O. K. Cushing, and Delger Trowbridge, all of San Francisco, Cal., for United Bank & Trust Co. of Cal.

Theodore M. Stuart, of Fresno, Cal., for A. G. Johns, as trustee.

Milton M. Dearing and Robert M. Thomas, both of Fresno, Cal., and Farrand & Slosson, Geo. E. Farrand, and Leonard B. Slosson, all of Los Angeles, Cal., for Pacific-Southwest Trust & Savings Bank.

Ward Chapman, of Los Angeles, Cal., for J. E. Lynes.

Thelen & Marrin, of San Francisco, Cal., and Harris & Hayhurst, of Fresno, Cal., for Tarpey, as executor.

Harris & Hayhurst, of Fresno, Cal., for Pruner.

Before GILBERT and RUDKIN, Circuit Judges, and NETERER, District Judge.

GILBERT, Circuit Judge (after stating the facts as above).

Assuming the fact to be, as found by the trial court, that a trust was imposed upon all of the property of E. Y. Foley or E. Y. Foley, Inc., as the result of the agreements of January, February, and March, 1923, that there was no cancellation of the original agreements under which moneys were contributed to the trust, that the circular letters sent out on May 15, May 23, and May 29, 1923, by members of the...

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