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WITTNEBEL v. LOUGHMAN

No. 82.

80 F.2d 222 (1935)

WITTNEBEL v. LOUGHMAN.

Circuit Court of Appeals, Second Circuit.

December 9, 1935.

Attorney(s) appearing for the Case

Dunlap, Otto & McGovern, of New Rochelle, N. Y. (Walter G. C. Otto, of New Rochelle, N. Y., of counsel), for appellant.

Breed, Abbott & Morgan, of New York City (Charles H. Tuttle and Thomas E. Kerwin, both of New York City, of counsel), for complainant-appellee.

George P. Barse and Charles E. Wainwright, both of Washington, D. C., for Comptroller of the Currency of the United States, amicus curiæ.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This suit is by the owner of 935 of the 25,000 shares of capital stock of the National City Bank of the City of New Rochelle to obtain a declaratory judgment that the complainant has a right to examine the books and records of the bank at a time and place that will not interfere with the conduct of its affairs by the defendant.

The bank closed on March 4, 1933, and has not opened for business since that time. On March 21 a...

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