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BROWN v. O'KEEFE

No. 5941.

85 F.2d 885 (1936)

BROWN v. O'KEEFE.

Circuit Court of Appeals, Third Circuit.

September 24, 1936.

Attorney(s) appearing for the Case

Wm. Elmer Brown, Jr., of Atlantic City, N. J., for appellant.

Wm. B. Hunter, Jr., of Atlantic City, N. J., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below (16 F.Supp. 494) the receiver of a national bank brought suit against defendant to recover a hundred per cent. assessment made by the Comptroller on stock of such bank standing in defendant's name on the books of the bank. The first defense of defendant was that he was not the owner of the stock for reasons stated, viz.:

"1. On April 21, 1933, defendant was adjudicated a bankrupt...

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