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CLEVELAND NAT. BANK v. KENT

No. 7859.

100 F.2d 54 (1938)

CLEVELAND NAT. BANK v. KENT.

Circuit Court of Appeals, Sixth Circuit.

November 16, 1938.

Attorney(s) appearing for the Case

Frank Spurlock, of Chattanooga, Tenn. (Frank Spurlock and Brown & Spurlock, all of Chattanooga, Tenn., and Charles S. Mayfield, of Cleveland, Tenn., on the brief), for appellant.

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

Before HICKS, SIMONS and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

The Chattanooga National Bank (herein called Chattanooga) was declared insolvent, and appellee, Paul Kent, its Receiver, brought suit at law against appellant, Cleveland National Bank (herein called Cleveland) for $69,627.65, the aggregate amount of certain notes which the declaration alleges were endorsed and discounted by Cleveland to Chattanooga before the receivership.

The declaration further alleges that Chattanooga, prior to its...

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