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CULHANE v. SMITH

No. 534.

19 F.Supp. 226 (1937)

CULHANE v. SMITH.

District Court, N. D. Illinois, W. D.

May 7, 1937.

Attorney(s) appearing for the Case

Charles H. Linscott, of Rockford, Ill., for plaintiff.

Hall & Dusher, of Rockford, Ill., for defendant.

WOODWARD, District Judge.

This is an action brought by the receiver of a closed national bank to recover an assessment levied by the comptroller upon the stockholders of the bank. The assessment was levied on July 7, 1931, payable August 14, 1931. The suit was started July 30, 1936. The defendant moves to dismiss the suit on the ground that it is barred by the statute of limitations.

The Illinois statute of limitations controls. McClaine v. Rankin,

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