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COLLINS v. CALDWELL

No. 5439.

29 F.2d 329 (1928)

COLLINS v. CALDWELL, and three other cases.

Circuit Court of Appeals, Fifth Circuit.

December 3, 1928.

Attorney(s) appearing for the Case

J. Hart Willis and W. J. Rutledge, Jr., both of Dallas, Tex., for appellants.

M. B. Harrell, of Greenville, Tex. (Clark, Harrell & Starnes, of Greenville, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

At the close of business on December 23, 1927, the First National Bank of Greenville was insolvent. Pursuant to an agreement with the Greenville National Exchange Bank, all of its liabilities, except as to stockholders, were assumed, and all its assets were taken over, by that bank. In order to induce the transfer, it was agreed to pay the Greenville National $150,000 in cash. The cash was advanced by W. H. Bush and L. N. Bird, respectively...

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