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BICKNELL v. LLOYD-SMITH

No. 220.

109 F.2d 527 (1940)

BICKNELL v. LLOYD-SMITH.

Circuit Court of Appeals, Second Circuit.

February 19, 1940.

Attorney(s) appearing for the Case

Cuthell, Appleby, Osterhout & Mills, of New York City (Howard Osterhout, John B. Coman, and John S. McCook, all of New York City, of counsel), for appellant.

Wright, Gordon, Zachry & Parlin, of New York City (James A. Fowler, Jr., F. J. Knauer, and W. R. Perdue, Jr., all of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff appeals from a judgment dismissing his complaint because of his incapacity to sue in the District Court of the Eastern District of New York. The complaint was filed on August 8th, 1938, the summons and complaint were delivered for service on August 20th, and the defendant was served on September 16th. The plaintiff is the receiver of a Michigan bank, and sues the defendant upon her guaranty of some bonds issued by a California...

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