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CITY OF FORT WORTH v. McCAMEY

No. 8566.

93 F.2d 964 (1937)

CITY OF FORT WORTH v. McCAMEY et al. McCAMEY et al. v. CITY OF FORT WORTH.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 20, 1938.

Attorney(s) appearing for the Case

R. E. Rouer and Geo. C. Kemble, both of Fort Worth, Tex., for appellant and cross-appellee City of Fort Worth.

Preston Shirley, W. L. Dean, Stanley Boykin, A. B. Culbertson, Clay Cooke, Wm. E. Allen, Clarence E. Farmer, W. B. Pinney, and H. C. Ray, all of Fort Worth, Tex., for appellees and cross-appellants.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

Texas National Bank was closed on January 31, 1930, and a receiver appointed. The receiver, under instructions from the Comptroller of the Currency, refused to sue the City of Fort Worth to recover the value of certain securities which the bank had pledged to the city to secure the deposits made by the city and which the city in February, 1930, sold for $195,540. In October, 1930, and January, 1931, two groups of depositors, separately but in...

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