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DRAIN v. STOUGH

No. 6860.

61 F.2d 668 (1932)

DRAIN v. STOUGH.

Circuit Court of Appeals, Ninth Circuit.

November 7, 1932.

Attorney(s) appearing for the Case

Lund & Dodds, of Spokane, Wash. (Charles P. Lund, of Spokane, Wash., of counsel), for appellant.

Upton & Brown, C. C. Upton, and George Elmer Brown, all of Spokane, Wash., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges.

WILBUR, Circuit Judge.

This action was brought by the receiver of an insolvent national bank against the executor of the will of a deceased stockholder, Harry S. Landis, to recover the amount of an assessment levied by the comptroller of currency upon the stockholders of the bank. The facts were stipulated, and the trial court rendered a judgment of dismissal upon the ground that the claim sued upon had not been presented to the executor within six months after the...

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