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COMMERCIAL NAT. BANK v. CONTINENTAL BANK & TRUST CO.

No. 8156.

88 F.2d 160 (1937)

COMMERCIAL NAT. BANK OF SAN ANTONIO v. CONTINENTAL BANK & TRUST CO. OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 5, 1937.

Attorney(s) appearing for the Case

M. J. Arnold, of San Antonio, Tex., for appellant.

P. H. Swearingen, of San Antonio, Tex., and Henry N. Longley, of New York City, for appellee.

Before SIBLEY and HOLMES, Circuit Judges, and STRUM, District Judge.

HOLMES, Circuit Judge.

This is an appeal from a decree for the specific performance of a contract to co-operate in the settlement of a claim, and to execute releases required for such purpose, upon request of the holder of a note given by appellant to appellee. The note is secured by the assignment of the claims of appellant against the Ætna Casualty & Surety Company under two bonds of the latter company; and the...

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