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FIMAN v. STATE OF SOUTH DAKOTA

No. 8116.

29 F.2d 776 (1928)

FIMAN et al. v. STATE OF SOUTH DAKOTA.

Circuit Court of Appeals, Eighth Circuit.

November 7, 1928.

Attorney(s) appearing for the Case

Howard G. Fuller, of Pierre, S. D. (Will G. Robinson, of Pierre, S. D., on the brief), for appellants.

E. D. Roberts and Benjamin D. Mintener, both of Pierre, S. D. (Buell F. Jones, of Britton, S. D., on the brief), for the State of South Dakota.

Before BOOTH, Circuit Judge, and POLLOCK and DEWEY, District Judges.

DEWEY, District Judge.

The National Bank of Commerce of Pierre, S. D., was taken over by the Comptroller of the Treasury for liquidation on the 4th day of February, 1925, and appellant, hereinafter referred to as the defendant, was appointed receiver.

At the time of the closing of the bank the state of South Dakota had on deposit therein the sum of $414,055.61 and had negotiable paper of the bank for an additional $211,431.59. It brought an independent action...

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