STATE OF SOUTH DAKOTA v. FIMAN


29 F.2d 770 (1927)

STATE OF SOUTH DAKOTA v. FIMAN.

District Court, D. South Dakota.

September 2, 1927.


Attorney(s) appearing for the Case

Buell F. Jones, Atty. Gen., and Martens & Goldsmith, of Pierre, S. D., for State of South Dakota.

Fuller & Robinson, of Pierre, S. D., for defendant.


ELLIOTT, District Judge.

I have resolved the issues in re State of South Dakota, plaintiff, v. Chas. F. Fiman, as receiver, etc., in favor of the plaintiff and against the defendant.

The plaintiff seeks by this action to establish a trust ex maleficio in rural credit moneys alleged to belong to the plaintiff, deposited by it in the National Bank of Commerce of Pierre, S. D., in excess of the limit fixed by statute for such deposits. The defendant receiver...

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