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LAMBORN v. NATIONAL BANK OF COMMERCE

No. 2452.

15 F.2d 473 (1926)

LAMBORN et al. v. NATIONAL BANK OF COMMERCE OF NORFOLK, VA.

Circuit Court of Appeals, Fourth Circuit.

October 19, 1926.

Attorney(s) appearing for the Case

Louis O. Van Doren, of New York City (Baird, White & Lanning and Edward R. Baird, Jr., all of Norfolk, Va., H. G. Connor, Jr., of Wilson, N. C., and Van Doren, Conklin & McNevin, of New York City, on the brief), for plaintiffs in error.

Tazewell Taylor, of Norfolk, Va., for defendant in error.

Before WADDILL, ROSE, and PARKER, Circuit Judges.

ROSE, Circuit Judge.

This is the second time this case has been here. What has been said (2 F.2d 23) need not be repeated. At the new trial the learned District Judge thought that the plaintiffs had offered no admissible testimony strengthening the case once held insufficient, and he directed a verdict for the defendant. The plaintiffs assign 17 errors, which resolve themselves into three contentions.

Alleged Waiver by the...

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