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BOURNE v. PERKINS

No. 8738.

42 F.2d 94 (1930)

BOURNE v. PERKINS et al.

Circuit Court of Appeals, Eighth Circuit.

June 9, 1930.

Attorney(s) appearing for the Case

Charles D. Meloy, of Cherokee, Iowa (Charles J. Maher and Molyneux, Maher & Meloy, all of Cherokee, Iowa, on the brief), for appellant.

Edward J. Kelly, of Des Moines, Iowa (Malcolm Currie, of Sac City, Iowa, and Kelly, Shuttleworth & McManus, of Des Moines, Iowa, on the brief), for appellees.

Before STONE and VAN VALKENBURGH, Circuit Judges, and OTIS, District Judge.

OTIS, District Judge.

The appellant, hereinafter referred to as the plaintiff, is the receiver of the First National Bank of Sac City, Iowa, which was closed as a going concern November 3, 1925. In his official capacity he instituted this suit in equity against appellees, hereinafter referred to as defendants, who were directors of the bank, by filing in the District Court on April 26, 1927, a bill in fifteen counts. In each of the first fourteen counts judgment for...

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