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SCOTT COUNTY, TENN. v. KENT

No. 7705.

97 F.2d 971 (1938)

SCOTT COUNTY, TENN. v. KENT.

Circuit Court of Appeals, Sixth Circuit.

June 8, 1938.

Attorney(s) appearing for the Case

J. A. Fowler, of Knoxville, Tenn. (Howard H. Baker, of Huntsville, Tenn., and J. A. Fowler, H. G. Fowler, and S. F. Fowler, all of Knoxville, Tenn., on the brief), for appellant.

Estes Kefauver, of Chattanooga, Tenn. (J. B. Sizer, Estes Kefauver, and Sizer, Chambliss & Kefauver, all of Chattanooga, Tenn., on the brief), for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

Scott County, Tennessee, and its trustee filed a bill in equity praying for preference in the assets of an insolvent bank. The District Court dismissed the bill.

The sole question presented is whether the deposit of a draft in the First Trust & Savings Bank of Oneida, Tennessee, created an agency relationship or a debtor-creditor relationship between the depositor and the bank.

The draft in question, in the amount of $50,687...

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