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CLINE v. RECEIVER OF COMMERCIAL NAT. BANK

No. 6152.

90 F.2d 968 (1937)

CLINE v. RECEIVER OF COMMERCIAL NAT. BANK OF CHATSWORTH, ILL.

Circuit Court of Appeals, Seventh Circuit.

June 18, 1937.

Attorney(s) appearing for the Case

John D. Thomason and Miller, Elliott & Westervelt, all of Peoria, Ill., and J. Bert. Miller and Miller & Shapiro, all of Kankakee, Ill., for appellant.

Bert W. Adsit, of Pontiac, Ill., and Hunter, Kavanagh & McLaughlin and Richard J. Kavanagh, all of Peoria, Ill., for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.

Appellant had on deposit with the Commercial National Bank of Chatsworth, Illinois, the sum of $14,134.51 when it closed February 26, 1930. One dividend of 30 per cent. was paid to him. Two dividends, one for 10 per cent., declared in December, 1931, and one for 5 per cent., declared in September, 1932, were never paid him. The receiver withheld the last two dividends after demand because of a counterclaim which he asserted against appellant. The bank's counterclaim arose...

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