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HOLMBERG v. CHRISTOPHER

No. 8132.

110 F.2d 729 (1940)

HOLMBERG et al. v. CHRISTOPHER.

Circuit Court of Appeals, Sixth Circuit.

March 14, 1940.

Attorney(s) appearing for the Case

Leonard A. Weakley, of Cincinnati, Ohio (Charles P. Taft and Leonard A. Weakley, both of Cincinnati, Ohio, William P. Patterson, of Dayton, Ohio, and Taft, Stettinius & Hollister, of Cincinnati, Ohio, on the brief), for appellants.

H. P. Williamson, of Dayton, Ohio (H. P. Williamson and A. P. Mercer, both of Dayton, Ohio, and Neal W. Hunter, of Jamestown, Ohio, on the brief), for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

This appeal presents two questions: (1) Whether appellants' amended petition stated a cause of action good as against demurrer, and (2) whether the District Court erred, after sustaining a demurrer to the amended petition, in refusing to permit an amendment.

The action arose out of the following facts: On May 2, 1932, the Federal Farm Loan Board declared the Southern Minnesota Joint Stock Land Bank of Minneapolis insolvent and took over...

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