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SCHRAM v. SMITH

No. 8530.

97 F.2d 662 (1938)

SCHRAM v. SMITH et al.

Circuit Court of Appeals, Ninth Circuit.

June 27, 1938.

Attorney(s) appearing for the Case

John H. Rapp, of Tucson, Ariz. (Robert S. Marx, of Cincinnati, Ohio, of counsel), for appellant.

Charles Woolf and G. W. Shute, both of Phœnix, Ariz., for appellees.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

HANEY, Circuit Judge.

This is a companion case to Schram v. Poole, 9 Cir., 97 P.2d 665, June 16, 1938. A motion to dismiss a bill, filed by appellant as receiver of the First National Bank-Detroit, a national banking association, to recover liability of shareholders, having been sustained, the receiver appeals.

The history of the bank and its insolvency is set forth in Schram v. Poole, 9 Cir., supra, and need not be repeated here. The bill alleges that the...

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