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ELLIOTT v. ATTAWAY

No. 3711.

73 F.2d 918 (1934)

ELLIOTT et al. v. ATTAWAY et al. KRUPNICK v. PEOPLE'S STATE BANK OF SOUTH CAROLINA et al.

Circuit Court of Appeals, Fourth Circuit.

November 19, 1934.

Attorney(s) appearing for the Case

E. W. Mullins and W. M. Shand, both of Columbia, S. C. (Nelson & Mullins and Benet, Shand & McGowan, all of Columbia, S. C., on the brief), for appellants.

J. M. Cantey, Jr., and D. W. Robinson, Jr., both of Columbia, S. C. (Robinson & Robinson and Benj. D. Hodges, all of Columbia, S. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal by the receivers of the failed People's State Bank of South Carolina from a decree adjudging the claim of the creditors' committee of the Mann Electric Supply Company to be a preferred claim and entitled to payment from assets in the hands of the receivers ahead of the claims of general creditors. The learned judge below was of opinion that in handling funds for the creditors' committee the bank was acting in a fiduciary capacity...

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