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SWAN v. CHILDREN'S HOME SOC. OF WEST VIRGINIA

No. 3506.

67 F.2d 84 (1933)

SWAN et al. v. CHILDREN'S HOME SOC. OF WEST VIRGINIA.

Circuit Court of Appeals, Fourth Circuit.

October 3, 1933.

Attorney(s) appearing for the Case

Victor H. Shaw, of Fairmont, W. Va., and D. H. Hill Arnold, of Elkins, W. Va., for appellants.

Arthur S. Dayton, of Charleston, W. Va. (Blue, Dayton & Campbell, William F. Blue, and Walton S. Shepherd, Jr., all of Charleston, W. Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This suit was instituted by the Children's Home Society, an eleemosynary institution of West Virginia, to establish a trust as against the failed Union National Bank of Fairmont, W. Va., and to secure priority of payment from the assets in the hands of its receiver. The judge below held that the bank, as successor of the People's National Bank of Fairmont, was trustee of a fund which had been deposited with that bank for plaintiff, and that...

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