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ROTH v. HOOD

No. 8201.

106 F.2d 616 (1939)

ROTH v. HOOD.

Circuit Court of Appeals, Sixth Circuit.

September 18, 1939.

Attorney(s) appearing for the Case

Russell M. Knepper, of Columbus, Ohio, and Robert M. Noll, of Marietta, Ohio (Andrew J. White, Jr., of Columbus, Ohio, on the brief), for appellant.

E. F. Folger, of Marietta, Ohio, for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Appellant instituted this action to enjoin appellee from conveying a certain piece of real estate to Clarence Smith and for a mandatory injunction compelling conveyance of the property to him. The lower court dismissed his petition and he appeals.

The First National Bank of Marietta, Ohio, was in insolvent liquidation, with the appellee, Willard Hood, its receiver. The bank owned an improved...

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