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LOUGHMAN v. TOWN OF PELHAM

No. 190.

126 F.2d 714 (1942)

LOUGHMAN, v. TOWN OF PELHAM (EMPLOYERS LIABILITY ASSUR. CORPORATION, LIMITED, Third-Party Defendant).

Circuit Court of Appeals, Second Circuit.

March 9, 1942.

Attorney(s) appearing for the Case

Hardy, Stancliffe & Hardy, of New York City (William F. McDermott and George T. Barker, both of New York City, of counsel), for appellant.

Whitman, Ransom, Coulson & Goetz, of New York City (William L. Ransom and Henry S. Reeder, both of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

This case was tried to the court without a jury upon stipulated facts which are set out in full in the opinion of the district court reported in 41 F.Supp. 584. A short summary will suffice here. As a result of the banking holiday proclaimed in March 1933 the Pelham National Bank was closed on March 4th; it never reopened. Pursuant to the provisions of Title 12 of the United States Code Annotated §§...

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