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WHITE v. STONE

No. 3019.

78 F.2d 136 (1935)

WHITE v. STONE et al.

Circuit Court of Appeals, First Circuit.

May 25, 1935.

Attorney(s) appearing for the Case

Joseph M. Jones, Sp. Asst. to the Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., and Sewall Key, Sp. Asst. to the Atty. Gen., on the brief), for appellant.

Thomas Allen, of Boston, Mass. (Burdett, Wardwell & Ranney, of Boston, Mass., on the brief), for appellees.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an action at law brought by Robert G. Stone and Carrie M. Stone, trustees under the will of Galen L. Stone, in which they seek to recover, in the first count, the sum of $24,870.66 and interest from the date or dates of payment as money had and received for the plaintiffs' benefit.

In the second count they alleged that they paid to the defendant under protest the sum of $24,995.50, stating the dates of the payments; that as...

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