ANDERSON v. ABBOTT

Nos. 8852, 8853.

127 F.2d 696 (1942)

ANDERSON v. ABBOTT et al. TELLMAN et al. v. ANDERSON.

Circuit Court of Appeals, Sixth Circuit.

May 4, 1942.


Attorney(s) appearing for the Case

Robert S. Marx, of Cincinnati, Ohio (Frank E. Wood, Edward M. Brown, Harry Kasfir, William C. Kelly, and Nichols, Wood, Marx & Ginter, all of Cincinnati, Ohio, and Alfred C. Krieger, of Louisville, Ky., on the brief), for appellant and cross-appellee A. M. Anderson.

W. W. Crawford, of Louisville, Ky. (Richard P. Dietzman, Allen P. Dodd, A. C. Van Winkle, James W. Stites, Henry E. McElwain, Edward P. Humphrey, and Lafon Allen, all of Louisville, Ky., on the brief), for appellees Katherine Kirkpatrick Abbott and others.

Henry M. Johnson, of Louisville, Ky. (Lucian L. Johnson, of Louisville, Ky., on the brief), for cross-appellants Susie E. Tellman and others.

Before SIMONS, ALLEN, and MARTIN, Circuit Judges.


MARTIN, Circuit Judge.

This court must again travel the tangled trail of ramifications resultant from the failure of the National Bank of Kentucky.

In an action brought by the receiver of that institution, double liability assessment under 38 Stat. 273, 12 U.S.C.A. § 64, was upheld against the receiver of Banco-Kentucky Company, a Delaware corporation, as the real and beneficial owner of the national bank stock by virtue of its position as holder of participation...

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