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MINNEAPOLIS NAT. BANK v. LIBERTY NAT. BANK

No. 1028.

72 F.2d 434 (1934)

MINNEAPOLIS NAT. BANK OF MINNEAPOLIS, KAN., et al. v. LIBERTY NAT. BANK OF KANSAS CITY.

Circuit Court of Appeals, Tenth Circuit.

August 7, 1934.

Attorney(s) appearing for the Case

La Rue Royce, of Salina, Kan. (C. W. Burch and B. I. Litowich, both of Salina, Kan., on the brief), for appellants.

Wallace Sutherland, of Kansas City, Mo. (A. L. Cooper, E. A. Neel, and William E. Kemp, all of Kansas City, Mo., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

This is a suit instituted by Liberty National Bank, of Kansas City, Mo., against Minneapolis National Bank, of Minneapolis, Ottawa County, Kan., a failed national bank in process of liquidation, and J. G. Hammond, its receiver to establish a trust against the assets of the bank and to compel its payment as a preferred claim, or in the alternative as a common claim.

Goldie C. Morton was engaged in the business of raising, buying, feeding...

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