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GREAT ATLANTIC & PACIFIC TEA CO. v. CITIZENS' NAT. BANK

No. 5092.

66 F.2d 883 (1933)

GREAT ATLANTIC & PACIFIC TEA CO. v. CITIZENS' NAT. BANK et al.

Circuit Court of Appeals, Third Circuit.

August 28, 1933.

Attorney(s) appearing for the Case

John A. Metz and William C. McClure, both of Pittsburgh, Pa., for appellant.

Joseph W. Ray, Jr., Henry Eastman Hackney, and Shelby, Hackney & Ray, all of Uniontown, Pa., for appellees.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

This is a bill in equity to recover as trust funds certain deposits of money and checks in an insolvent national banking institution. The District Court dismissed the complaint on the grounds that neither an express trust resulted from a deposit agreement between the Atlantic & Pacific Company and the Citizens' National Bank, nor a constructive trust from the acceptance by the bank of deposits when insolvent. The Atlantic & Pacific Company...

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