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MULLINS v. DE SOTO BANK & TRUST CO.

No. 11304.

149 F.2d 864 (1945)

MULLINS et al. v. DE SOTO BANK & TRUST CO. et al.

Circuit Court of Appeals, Fifth Circuit.

June 14, 1945.

Attorney(s) appearing for the Case

Aubrey M. Pyburn, of Shreveport, La., for appellants.

Clyde R. Brown, of Monroe, La., and Lamar E. Colvin, of Mansfield, La., for appellees.

Before SIBLEY, HUTCHESON, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

When appellants were here before,1 we affirmed the judgment as to Federal Deposit Insurance Corporation, individually. Holding that, on a motion to dismiss "because the complaint fails to state a claim for which relief can be granted", "all that was before the district judge on the motion to dismiss was the case as plaintiff's petition had alleged it", and that the judge had therefore erred in considering answers...

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