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CITY OF LINCOLN, NEB. v. RICKETTS

Nos. 10213, 10219.

84 F.2d 795 (1936)

CITY OF LINCOLN, NEB., et al. v. RICKETTS. RICKETTS v. CITY OF LINCOLN, NEB., et al.

Circuit Court of Appeals, Eighth Circuit.

July 9, 1936.

Attorney(s) appearing for the Case

Don W. Stewart, of Lincoln, Neb. (A. A. Whitworth, Charles B. Paine, and Stewart, Stewart & Whitworth, all of Lincoln, Neb., on the brief), for appellants.

R. A. Boehmer, of Lincoln, Neb. (Perry W. Morton and A. W. Field, both of Lincoln, Neb., on the brief), for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

GARDNER, Circuit Judge.

This case is before us for the second time. There was involved on the first appeal the right of the city of Lincoln, Neb., to a priority in the payment of its claim of $45,000 against the Lincoln Trust Company, bankrupt. This right of priority was urged on the grounds (1) that the certificates of deposit issued by the Lincoln Trust Company created a trust relation between the city and the trust company; (2) that the trust company was a trustee...

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