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NATIONAL BANK OF AMERICA v. UNITED STATES F. & G. CO.

No. 5124.

71 F.2d 618 (1934)

NATIONAL BANK OF AMERICA et al. v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Seventh Circuit.

June 4, 1934.

Attorney(s) appearing for the Case

Willis C. McMahan, Oscar C. Strom, and George W. Hulbert, all of Gary, Ind., for appellants.

Samuel O. Pickens, R. F. Davidson, Fred C. Gause, Arthur L. Gilliom, and Owen Pickens, all of Indianapolis, Ind., for appellee.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.

SPARKS, Circuit Judge.

Appellee instituted this action in equity against the National Bank of America of Gary, Indiana, and David H. Jennings, its receiver, to recover the amount of a check which had been drawn on the Gary State Bank and mailed to and collected by the National Bank of America through the Gary Clearing House before the National Bank had closed.

On December 30, 1931, appellee received from the Commercial Trust Company of Gary that company's...

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