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IN RE FIRST NAT. BANK OF ARTHUR

No. 6738.

100 F.2d 623 (1938)

In re FIRST NAT. BANK OF ARTHUR et al. McDONALD et al. v. LUKE et al.

Circuit Court of Appeals, Seventh Circuit.

December 15, 1938.

Attorney(s) appearing for the Case

Frank J. Thompson, Robert F. White, and W. C. Ingram, all of Sullivan, Ill., for appellants.

John E. Clark, of Danville, Ill., for appellees.

Before EVANS, TREANOR, and KERNER, Circuit Judges.

EVANS, Circuit Judge.

This appeal presents this question:

Should the distribution to bank stockholders, pursuant to Title 12 U.S.C.A. § 1971, of assets remaining after payment of all depositors and creditors in full, with interest, be on the basis of the percentage which the amount each stockholder paid bears to the total amount of the assessments collected, or should payment be first made to those whose percentage of assessment...

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