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SCHUMACHER v. HARRIETT

No. 3182.

52 F.2d 817 (1931)

SCHUMACHER v. HARRIETT.

Circuit Court of Appeals, Fourth Circuit.

October 12, 1931.

Attorney(s) appearing for the Case

J. O. Carr, of Wilmington, N. C. (J. F. Duncan, of Beaufort, N. C., on the brief), for appellant.

L. I. Moore, of New Bern, N. C. (Moore & Dunn, of New Bern, N. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from a decree of the court below which held that the assets of the failed First National Bank of New Bern, N. C., came into the hands of its receiver impressed with a trust in favor of Mrs. Rosa E. Harriett and directed that her claim of $8,500 be paid in full. The receiver has appealed.

The bank failed October 26, 1929. Six weeks prior thereto, on September 13, 1929, Mrs. Harriett...

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