B. KUPPENHEIMER & CO. v. MORNIN

No. 10142.

78 F.2d 261 (1935)

B. KUPPENHEIMER & CO., Inc., v. MORNIN et al.

Circuit Court of Appeals, Eighth Circuit.

June 12, 1935.


Attorney(s) appearing for the Case

Robert Bachrach, of Chicago, Ill. (Julius Moses, Walter Bachrach and William A. Smith, all of Chicago, Ill., and Frank A. O'Connor, of Omaha, Neb., on the brief), for appellant.

D. M. Kelleher, of Fort Dodge, Iowa (John T. Sullivan, Jeffery G. Sullivan, and J. D. Liffring, all of Waterloo, Iowa, on the brief), for appellees.

Before GARDNER, SANBORN, and FARIS, Circuit Judges.


FARIS, Circuit Judge.

Plaintiff, appellant here, sued appellee, receiver, and one A. W. Steely in equity to subject certain money in the hands of the former, as receiver of the Commercial National Bank of Waterloo, Iowa, and two parcels of land of Steely, to an alleged equitable lien for the payment of a note of plaintiff, made to it by the Steely Clothing Company, under facts presently to be detailed. The court below sustained the motion of defendant Mornin to dismiss...

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