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FIRST NAT. BANK OF ST. PETERSBURG v. CITY OF MIAMI

No. 6795.

69 F.2d 346 (1934)

FIRST NAT. BANK OF ST. PETERSBURG, FLA., et al. v. CITY OF MIAMI, FLA.

Circuit Court of Appeals, Fifth Circuit.

March 1, 1934.

Attorney(s) appearing for the Case

Kenneth I. McKay, of Tampa, Fla., and Arthur R. Thompson and Dean Aikin, both of St. Petersburg, Fla., for appellants.

C. I. Carey, of St. Petersburg, Fla., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

This is a suit to charge moneys of a failed bank which has passed into a receiver's hands, with a trust for the amount of a collection item on itself sent to the bank for collection and remittance.

When it was here before on the city's appeal from a decree dismissing the bill on motion, we thought the allegations of the bill sufficient, if proved,1 and we sent...

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