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ANDERSON v. ANDERSON

No. 472.

23 F.2d 331 (1927)

ANDERSON v. ANDERSON et al.

District Court, N. D. Georgia, Atlanta Division.

December 31, 1927.

Attorney(s) appearing for the Case

Smith, Hammond & Smith, of Atlanta, Ga. (Victor L. Smith, of Atlanta, Ga., of counsel), for plaintiff.

Little, Powell, Smith & Goldstein, of Atlanta, Ga., for defendant Pennington.

A. S. Thurman, of Monticello, Ga., and Lamar C. Rucker, of Athens, Ga., for other defendants.

SIBLEY, District Judge.

This bill in equity is brought against the directors of a failed national banking association by the receiver. It discloses, in paragraph 16, that W. B. R. Pennington, one of the defendants, ceased to be a director in the year 1921, six years before the bringing of this suit. Nothing is alleged in the petition in the way of concealment or otherwise to toll the statute of limitations as to him. He thereupon moves to dismiss the bill as to him...

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