BOOTH, Circuit Judge.
This is an appeal from an order striking out an answer, and conditionally holding plaintiff entitled to judgment.
Appellee, plaintiff below, brought an action at law against appellant on a promissory note which he had given to the De Smet National Bank March 5, 1926, and which was due May 5, 1926. May 21, 1926, the bank become insolvent, and plaintiff was duly appointed receiver.
Defendant Dyar set up in his answer that on February...
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