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MERMIS v. WALDO

No. 1529.

91 F.2d 391 (1937)

MERMIS et al. v. WALDO et al.

Circuit Court of Appeals, Tenth Circuit.

July 14, 1937.

Attorney(s) appearing for the Case

C. A. Magaw, of Omaha, Neb. (E. J. Malone, of Hays, Kan., and Thomas F. Doran, Clayton E. Kline, and M. F. Cosgrove, all of Topeka, Kan., on the brief), for appellant receiver.

J. C. Ruppenthal, of Russell, Kan., for appellant Ross.

John H. Hunt, of Topeka, Kan. (W. R. Griffin, of Ellis, Kan., and John L. Hunt, of Topeka, Kan., on the brief), for appellees.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

The First National Bank of Ellis, Kan., became insolvent and suspended business in March, 1933. The Comptroller of the Currency appointed a receiver and later made an assessment against the shareholders of stock of 100 per cent. of the par value thereof. According to the records of the bank. L. C. Ross and E. C. Waldo each owned 89 shares of such stock. The receiver instituted separate suits against them to enforce such assessment, alleging...

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