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SMITH v. WITHEROW

No. 6799.

102 F.2d 638 (1939)

SMITH et al. v. WITHEROW.

Circuit Court of Appeals, Third Circuit.

March 15, 1939.

Attorney(s) appearing for the Case

George V. Strong, of Philadelphia, Pa., for appellants.

William K. Rhodes, of Media, Pa., for appellee.

Before MARIS, CLARK, and THOMPSON, Circuit Judges.

MARIS, Circuit Judge.

W. Macklin Witherow, Receiver of the First National Bank of Darby (hereinafter called the Bank), brought suit in the District Court for the Eastern District of Pennsylvania against the executors of the will of Lewis Lawrence Smith, a deceased holder of 85 shares of stock in the Bank, to recover an assessment of 100% levied by the Comptroller of the Currency upon the shares. The defendant executors filed...

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