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MOULTON v. NATIONAL FARMERS' BANK

27 F.2d 403 (1928)

MOULTON v. NATIONAL FARMERS' BANK OF OWATONNA, MINN., et al.

District Court, D. Minnesota, First Division.

July 2, 1928.

Attorney(s) appearing for the Case

Gallagher, Madden & Gallagher and Moonan & Moonan, all of Waseca, Minn., for plaintiff.

Meighen, Knudson & Sturtz, of Albert Lea, Minn., and Sawyer, Gausewitz & Lord, of Owatonna, Minn., for defendants.

JOHN B. SANBORN, District Judge.

It appears that the defendant bank became insolvent September 8, 1926; that on September 10, 1926, Herbert E. Skinner was appointed its receiver by the Comptroller of the Currency and took over the assets. This action is for money had and received, and was commenced in the state district court subsequent to the appointment of the receiver, who was not made a party, but was served with a notice of the commencement of the action. The...

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