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SCOTT v. MARIN

No. 7691.

22 F.2d 779 (1927)

SCOTT v. MARIN.

Circuit Court of Appeals, Eighth Circuit.

November 10, 1927.

Attorney(s) appearing for the Case

Le Roy Bowen, of Minneapolis, Minn. (William M. Nash and Chester L. Nichols, both of Minneapolis, Minn., on the brief), for appellant.

E. Howard Morphy, of St. Paul, Minn. (John M. Bradford, Carl W. Cummins, Ray E. Cummins, and Samuel Lipschultz, all of St. Paul, Minn., on the brief), for appellee.

Before STONE, Circuit Judge, and REEVES and OTIS, District Judges.

STONE, Circuit Judge.

May 23, 1923, the Westbrook Tank Line Company (a South Dakota corporation) went into receivership. A few months thereafter, appellant filed his claim therein as a creditor of the company. Thereafter the receiver answered, denying the claim and setting up that appellant was indebted to the company on a note for $100,000, not then due, and prayed that this indebtedness be set off against any claim which...

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