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BAIR v. BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N

No. 9406.

112 F.2d 247 (1940)

BAIR v. BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 29, 1940.

Attorney(s) appearing for the Case

Wood & Cooke and Horace S. Davis, all of Billings, Mont., for appellant.

Wm. V. Beers, of Billings, Mont., E. G. Toomey and John W. Chapman, both of Helena, Mont., Louis Ferrari, of San Francisco, Cal., and Edmund Nelson, of Los Angeles, Cal., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

In 1938 appellee recovered judgment against appellant in the United States court for Montana in the amount of $100,057.95. Execution was issued, as a result of which the judgment creditor realized about $5,000.

After a return showing the judgment unsatisfied in an amount in excess of $94,000, appellee applied for an order requiring appellant to appear and answer concerning his property. In response to the application the court appointed...

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