LA VECCHIA v. FIRST NAT. BANK OF TAMPA

No. 9312.

112 F.2d 145 (1940)

LA VECCHIA v. FIRST NAT. BANK OF TAMPA.

Circuit Court of Appeals, Fifth Circuit.

May 28, 1940.


Attorney(s) appearing for the Case

Erle B. Askew and Thomas V. Kiernan, both of St. Petersburg, Fla., for appellant.

Wm. M. Taliaferro, of Tampa, Fla., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

The appellant, as receiver of an insolvent corporation, filed this suit in the court below to recover damages for monies alleged to have been misappropriated by an unfaithful officer and paid over to appellee. A motion to dismiss the complaint was sustained on the ground that it failed to state a cause of action.

The motion admits all of the facts well pleaded therein, and the only question is whether the complaint, so considered, states...

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