O'CONNOR v. RHODES

No. 6414.

79 F.2d 146 (1935)

O'CONNOR et al. v. RHODES.

United States Court of Appeals for the District of Columbia.

Decided June 29, 1935.

Motion for Reargument, etc., Denied July 25, 1935.


Attorney(s) appearing for the Case

Frederick R. Conway, Swagar Sherley, Frederick De C. Faust, Charles F. Wilson, George P. Barse, Leslie C. Garnett, U. S. Atty., John W. Fihelly, Asst. U. S. Atty., Harry Le Roy Jones, and Edward First, all of Washington, D. C., for appellants.

Richard L. Merrick, Philip H. Marcum, R. H. McNeill, Chas. A. Douglas, and Hugh H. Obear, all of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, JJ., Associate Justices.


GRONER, Associate Justice.

Appellee, who was plaintiff below, was a depositor and creditor of the Commercial National Bank of Washington, D. C. In February, 1933, the Comptroller of the Currency found the bank to be insolvent and appointed Baldwin receiver. The bank has ever since been in the hands of the receiver, and a dividend of 50 per cent. has been paid to depositors.

When the receiver took charge, there was on deposit with the bank large sums of money...

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