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SILK v. AKE

Nos. 7248-7251.

83 F.2d 618 (1936)

SILK et al. v. AKE.

Circuit Court of Appeals, Sixth Circuit.

May 13, 1936.

Attorney(s) appearing for the Case

Arthur A. Miller, of Cleveland, Ohio (Merle D. Evans, of Massillon, Ohio, on the brief), for appellants.

H. C. Pontius and Kenneth B. Cope, both of Canton, Ohio (Lynch, Day, Pontius & Lynch, of Canton, Ohio, on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

MOORMAN, Circuit Judge.

The Comptroller of the Currency determined that the Union National Bank of Massillon, Ohio, was insolvent, took charge of its affairs, and appointed the appellee receiver of its assets. The appellants are stockholders of the bank. The appellee sued them to recover the liability on their stock under section 23 of the National Banking Act (12 U.S.C.A. § 64). By answer the appellants alleged that the bank was solvent except for a deficiency...

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