MARIS, District Judge.
This is an action by the receiver of the Sixth National Bank for the amount of a 100 per cent. stock assessment made on 95 shares of the stock of the bank. The defendants filed an affidavit of defense, and the plaintiff has entered a rule for judgment on the ground that the defense therein set up is insufficient. Among the facts admitted by or averred in the affidavit of defense, and which on this
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