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ZENTGREBE v. SCHRAM

No. 7818.

103 F.2d 1022 (1939)

Sophia ZENTGREBE, as Executrix of the Estate of Charles Zentgrebe, Deceased, v. B. C. SCHRAM, Receiver of First National Bank-Detroit, a National Banking Corporation.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1939.

Attorney(s) appearing for the Case

Payne & Payne and Albert McClatchey, all of Detroit, Mich., for appellant.

Robert S. Marx and Lawrence I. Levi, both of Detroit, Mich., for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

PER CURIAM.

In an appeal by one of two defendants from a joint decree for deficiency against both, lodged in this court before the effective date of the Rules of Civil Procedure, it appears that there was no summons and severance nor any notice equivalent thereto in respect to the non-appealing defendant. In this situation it appears that we have no jurisdiction to entertain the appeal. Oakland County, Michigan, v. Hazlett, 6 Cir., 87 F.2d 795

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