LARABEE FLOUR MILLS v. FIRST NAT. BANK

Nos. 7090, 7205.

13 F.2d 330 (1926)

LARABEE FLOUR MILLS v. FIRST NAT. BANK OF HENRYETTA, OKL., et al. FARMERS' NAT. BANK OF BURLINGTON, KAN., et al. v. KANSAS FLOUR MILLS CO.

Circuit Court of Appeals, Eighth Circuit.

June 12, 1926.


Attorney(s) appearing for the Case

T. A. Noftzger, of Wichita, Kan., R. M. Mountcastle, of Muskogee, Okl., and Charles B. McCrory and Dudley C. Monk, both of Okmulgee, Okl., for appellant Larabee Flour Mills.

Roscoe W. Graves, of Burlington, Kan., and O. T. Atherton, of Emporia, Kan., for appellants Farmers' Nat. Bank of Burlington, Kan., and another.

R. B. F. Hummer, of Henryetta, Okl., for appellees First Nat. Bank of Henryetta, Okl., and another.

Charles B. McCrory and Dudley C. Monk, both of Okmulgee, Okl., and T. A. Noftzger, George W. Cox, W. J. Masemore, and R. L. NeSmith, all of Wichita, Kan., for appellee Kansas Flour Mills Co.

Before LEWIS, Circuit Judge, and FARIS and PHILLIPS, District Judges.


LEWIS, Circuit Judge.

These two cases present the same issue and there is no difference in them on the controlling facts. In each a preference claim over other creditors of an insolvent national bank is sought. It was denied in Case No. 7090 and allowed in No. 7205. The appeals may be conveniently disposed of in one opinion.

These are cases for winding up the affairs of national banks, and there can be no doubt of jurisdiction in the district courts, regardless...

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