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AMERICAN SUGAR REFINING CO. v. ANDERSON

No. 7975.

107 F.2d 948 (1939)

AMERICAN SUGAR REFINING CO. v. ANDERSON.

Circuit Court of Appeals, Sixth Circuit.

December 8, 1939.

Attorney(s) appearing for the Case

Leo T. Wolford, of Louisville, Ky. (Wm. Marshall Bullitt, Leo T. Wolford, Eugene B. Cochran, and Bruce & Bullitt, all of Louisville, Ky., on the brief), for appellant.

Robert S. Marx, of Cincinnati, Ohio (Frank E. Wood and Robert S. Marx, both of Cincinnati, Ohio, Edward P. Humphrey, of Louisville, Ky., Harry Kasfir and Nichols, Wood, Marx & Ginter, all of Cincinnati, Ohio, and Humphrey & Taylor, of Louisville, Ky., on the brief), for appellee.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

SIMONS, Circuit Judge.

The appeal is from a judgment overruling a preferential claim by the appellant against the receiver of a closed national bank on the ground that the debt arose out of a relationship of debtor and creditor and not of principal and agent or trustee and cestui que trust.

Prior to 1919 the Sugar Company regularly sent, for collection, to the American Southern National Bank of Louisville, all checks...

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