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FUTRELL v. MILLER

No. 11387.

105 F.2d 744 (1939)

FUTRELL v. MILLER.

Circuit Court of Appeals, Eighth Circuit.

August 1, 1939.

Attorney(s) appearing for the Case

John C. Sheffield, of Helena, Ark., for appellant.

J. B. Daggett, of Marianna, Ark. (Daggett & Daggett and C. E. Daggett, all of Marianna, Ark., on the brief), for appellees.

Before GARDNER and WOODROUGH, Circuit Judges, and BELL, District Judge.

BELL, District Judge.

This is an action by E. B. Futrell, appellant, as Receiver of a closed national bank, against Max D. Miller, individually, and as Administrator of the estate of T. C. Conner, deceased, and the heirs at law of said deceased to recover an assessment on the capital stock of the bank. The defendants moved to dismiss on the ground that the facts alleged did not constitute a cause of action. The motion was sustained as to Miller individually and as...

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