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WILLING v. EVELOFF

No. 6546.

94 F.2d 344 (1938)

WILLING v. EVELOFF et al.

Circuit Court of Appeals, Third Circuit.

January 4, 1938.

Attorney(s) appearing for the Case

Samuel E. Kratzok, of Philadelphia, Pa., for appellant.

William Kendall, David W. Niesenbaum, Milton A. Kamsler, and Sundheim, Folz & Sundheim, all of Philadelphia, Pa., for appellees.

Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.

BIGGS, Circuit Judge.

Upon February 28, 1933, the board of directors of the Sixth National Bank of Philadelphia adopted a resolution which was in part as follows:

"Whereas this bank desires to take advantage of any law or laws authorizing National Banks to withhold payments of deposits made in this bank up to and including this date: * * *

"This bank, therefore, requests permission to defer payments of all deposits made

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