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FAGAN v. WHIDDEN

No. 6467.

57 F.2d 631 (1932)

FAGAN v. WHIDDEN et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 23, 1932.

Attorney(s) appearing for the Case

D. C. McMullen, of Tampa, Fla., for appellant.

Claude L. Gray, of Orlando, Fla., and L. Grady Burton, of Wauchula, Fla., for appellees.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

From a decree charging funds of a failed bank in the possession of a receiver with a trust for the amount of the savings deposit of A. J. Whidden, deceased, this appeal is prosecuted.

The bill alleged, and the master found in accordance with the evidence, that the officers of the bank had, for the fraudulent purpose of concealing the existence of the deposit, and preventing its withdrawal, falsely stated to representatives of the...

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