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BRIGHTWELL v. FIRST NAT. BANK OF KISSIMMEE

No. 9291.

109 F.2d 271 (1940)

BRIGHTWELL et al. v. FIRST NAT. BANK OF KISSIMMEE.

Circuit Court of Appeals, Fifth Circuit.

January 25, 1940.

Attorney(s) appearing for the Case

G. B. Fishback, of Orlando, Fla., and M. S. McGregor, of DeLand, Fla., for appellants.

George Palmer Garrett, of Orlando, Fla., and Ellis F. Davis, of Kissimmee, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The appeal is from a summary judgment for the defendant in a suit brought by the executors of Hurbert Fleming against First National Bank of Kissimmee for damages as for a conversion because of the Bank's refusal to transfer on its books seventy-five shares of its stock. The case made by the petition supplemented by the uncontradicted affidavit of one of the executors is this: S. Y. Way in 1926 being the lessee of lands from Hurbert Fleming...

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