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JOHNSON v. FIRST NAT. BANK & TRUST CO. OF TULSA, OKL.

No. 1214.

78 F.2d 535 (1935)

JOHNSON v. FIRST NAT. BANK & TRUST CO. OF TULSA, OKL.

Circuit Court of Appeals, Tenth Circuit.

June 26, 1935.

Attorney(s) appearing for the Case

F. H. Reily and Joe H. Reily, both of Shawnee, Okl., for appellant.

J. C. Pinkerton, Hess Crossland, I. J. Underwood, and O. L. Lupardus, all of Tulsa, Okl., for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

Johnson, as receiver of the Shawnee National Bank, brought this action at law against the First National Bank & Trust Company to recover $4,908.68 with interest. Trial by jury was duly waived. The cause was submitted upon certain oral testimony, documentary evidence, and an agreed statement of evidentiary, as distinguished from ultimate, facts.

On November 13, 1934, the trial court filed a written opinion in which it concluded...

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