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BRINEY v. MORTIMER

No. 8317.

92 F.2d 800 (1937)

BRINEY et al. v. MORTIMER et al.

Circuit Court of Appeals, Ninth Circuit.

November 15, 1937.

Attorney(s) appearing for the Case

Lavelle & MacKinnon and Walter H. Odemar, all of Los Angeles, Cal., for appellant.

Musick & Burrell, Howard Burrell, and George Martinson, all of Los Angeles, Cal., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

STEPHENS, Circuit Judge.

This controversy arises out of an action brought by the Metropolitan Trust Company of California, a California corporation, as trustee, herein generally designated as trust company, against the National Thrift Corporation of America, a Delaware corporation, herein generally designated as thrift corporation.

Thrift corporation was in the business of selling "Thrift Certificates," which were in form and in fact contracts whereby the...

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