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WEGMAN v. NATIONAL BANK OF COMMERCE OF ROCHESTER

51 F.2d 288 (1931)

WEGMAN et al. v. NATIONAL BANK OF COMMERCE OF ROCHESTER et al.

District Court, W. D. New York.

July 1, 1931.

Attorney(s) appearing for the Case

James D. Harris, of Rochester, N. Y., for plaintiffs.

George A. Carnahan, of Rochester, N. Y., for defendants receiver and National Bank of Commerce.

Moser & Reif, of Rochester, N. Y., for defendant National Bank of Rochester.

ADLER, District Judge.

This is an action by plaintiffs, as shareholders of The National Bank of Commerce of Rochester, hereinafter called the old bank, to set aside and declare void a contract made May 19, 1924, between that bank and the National Bank of Rochester, hereinafter called the new bank, upon the ground that the making of the contract was an ultra vires act of the board of directors and officers of the old bank....

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