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FEDERAL DEPOSIT INS. CORPORATION v. MASON

No. 7347.

115 F.2d 548 (1940)

FEDERAL DEPOSIT INS. CORPORATION v. MASON et al.

Circuit Court of Appeals, Third Circuit.

November 13, 1940.

Attorney(s) appearing for the Case

Albert A. Griffin, of Bradford, Pa., and Frederick A. VanDenbergh, Jr., and Allen S. Olmsted, 2d, both of Philadelphia, Pa. (James M. Kane and Francis C. Brown, both of Washington, D. C., of counsel), for plaintiff, appellant.

Albert L. Thomas, of Meadville, Pa., for Harry M. Wick and John E. Golden.

English, Quinn, Leemhuis & Tayntor and Frank B. Quinn, all of Erie, Pa., for Robert L. Mason and Willis H. Powers.

Before BIGGS, MARIS, and JONES, Circuit Judges.

MARIS, Circuit Judge.

This is an appeal by the plaintiff from an order of the District Court for the Western District of Pennsylvania dismissing its action at the close of the plaintiff's evidence on the ground that upon the facts and the law the plaintiff had shown no right to relief. The plaintiff is the receiver of the Commercial National Bank of Bradford, Pennsylvania, hereinafter called the bank. It seeks by amended bill in equity to recover from

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