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WILLING v. BINENSTOCK

No. 6183.

88 F.2d 474 (1937)

WILLING v. BINENSTOCK et al.

Circuit Court of Appeals, Third Circuit.

February 2, 1937.

Attorney(s) appearing for the Case

Joseph A. C. Girone, Jr., and Thomas J. Minnick, Jr., both of Philadelphia, Pa., for appellant.

Isadore Katz, C. Russell Phillips, and Robert T. McCracken, all of Philadelphia, Pa., for appellees.

George P. Barse, James M. Kane, and J. H. Brewer, Jr., all of Washington, D. C., for J. F. T. O'Connor, Comptroller of the Currency.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

PER CURIAM.

This is an appeal from a decree of the District Court for the Eastern District of Pennsylvania. The appellant is the receiver of a national bank. The bank held promissory notes in excess of $20,000 upon which the partners Swinger and Binenstock were jointly liable. Binenstock had in his personal deposits at the bank a sum in excess of $30,000 and Swinger had on deposit approximately $1,500. The receiver was about to sue the partners for the balance of...

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