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GIMBEL v. HARRIMAN NAT. BANK & TRUST CO.

No. 325.

83 F.2d 153 (1936)

GIMBEL et al. v. HARRIMAN NAT. BANK & TRUST CO. OF CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

April 6, 1936.

Attorney(s) appearing for the Case

Blandy, Mooney & Shipman, of New York City (William West Shaw, of New York City, of counsel), for appellants.

Conboy, Hewitt, O'Brien & Boardman, of New York City (John Vance Hewitt and Hobart L. Brinsmade, both of New York City, of counsel), for appellees.

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

L. HAND, Circuit Judge.

This appeal is from a decree dismissing a bill in equity by which the plaintiffs sought to share in a pool of securities, set aside by the Harriman National Bank to secure depositors in its "trust department." The plaintiffs were trustees under two separate trusts and had been accustomed to use the bank as their depositary; several times before they had sold securities on deposit with the bank, and it had been their habit to deposit the proceeds...

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