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SIOUX FALLS TRUST & SAVINGS BANK v. HOMER W. JOHNSON CO.

20 F.2d 693 (1927)

SIOUX FALLS TRUST & SAVINGS BANK et al. v. HOMER W. JOHNSON CO. et al.

District Court, D. Iowa.

April 27, 1927.

Attorney(s) appearing for the Case

F. M. Scoblic, of Tyndall, S. D., and E. E. Wagner, of Mitchell, S. D., for plaintiffs.

Shull, Stilwill, Shull & Wadden, of Sioux City, Iowa, for defendants.

ELLIOTT, District Judge.

I have reviewed the record in re Sioux Falls Trust & Savings Bank and Fred R. Smith, as Superintendent, etc., Plaintiffs, v. Homer W. Johnson Co. et al., Defendants.

The first question that is presented is the objection by counsel for defendants to this proceeding in equity, urging that the case should be and is one at law. The authorities seem to recognize two methods of procedure in this class of cases. Ordinarily an action brought...

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