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FIRST NAT. BANK OF PAMPA v. FIDELITY NAT. BANK

No. 7302.

74 F.2d 447 (1934)

FIRST NAT. BANK OF PAMPA v. FIDELITY NAT. BANK OF OKLAHOMA CITY.

Circuit Court of Appeals, Fifth Circuit.

December 22, 1934.

Attorney(s) appearing for the Case

J. B. Dooley, of Amarillo, Tex., for appellant.

C. B. Stuart and M. K. Cruce, both of Oklahoma City, Okl., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The Pampa National Bank brought this suit against the Fidelity National Bank to enforce a deposit liability of $7,200. Appellant, First National Bank, as assignee, came in and carried the suit on. The Fidelity Bank defended on the ground that on June 2, 1931, it had appropriated $7,200 the Pampa Bank had on deposit with it by charging the account with a $7,200 note of one Hopkins, theretofore discounted by it for the Pampa Bank. It claimed...

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