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GRIGGS v. BAUMER

Nos. 7926, 7907.

130 F.2d 899 (1942)

GRIGGS v. BAUMER. BARRAND v. SAME.

Circuit Court of Appeals, Third Circuit.

Decided September 18, 1942.

Attorney(s) appearing for the Case

Thomas N. Griggs, of Pittsburgh, Pa. (Griggs & Moreland, William A. Blair and Raymond F. Moreland, all of Pittsburgh, Pa., on the brief), for appellant in No. 7926.

Ella Graubart, of Pittsburgh, Pa. (Patterson, Crawford, Arensberg & Dunn and Charles F. C. Arensberg, all of Pittsburgh, Pa., and Alfred H. Sachs and Ezra Z. Shapiro, both of Cleveland, Ohio, on the brief), for appellant in No. 7907.

Philip N. Shettig, of Ebensburg, Pa., for appellee.

Before MARIS and GOODRICH, Circuit Judges, and BARD, District Judge.

BARD, District Judge.

In each of these cases the appeal is from an order of the court below, after hearing, dismissing the complaint.

Thomas N. Griggs is the plaintiff in the one action and Harry P. Barrand in the other. The defendant in both actions is Herman E. Baumer, the Receiver of the First National Bank of Johnstown, Johnstown, Pennsylvania. As Receiver, the defendant had in his possession as part of the assets of the bank, 10,639½ shares of the...

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