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STUBBS v. FULTON NAT. BANK OF ATLANTA

No. 10908.

146 F.2d 558 (1945)

STUBBS v. FULTON NAT. BANK OF ATLANTA. FULTON NAT. BANK OF ATLANTA v. STUBBS. In re AMERICAN BOND & SHARE CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

January 6, 1945.

Attorney(s) appearing for the Case

Madison Richardson and Clarence H. Calhoun, both of Atlanta, Ga., for appellant and cross-appellee.

Marion Smith and Devereaux F. McClatchey, both of Atlanta, Ga., for appellee.

W. A. Sutherland, of Atlanta, Ga., for amicus curiae.

Before HOLMES, McCORD, and LEE, Circuit Judges.

LEE, Circuit Judge.

The American Bond & Share Corporation, a Georgia corporation, was declared a bankrupt in April, 1935, and Thomas M. Stubbs was appointed successor trustee. Between December 31, 1933, and June 1, 1934, both dates inclusive, it had negotiated six loans with the Fulton National Bank of Atlanta, Georgia, in the name of its president, B. R. Bradley, and had transferred to the bank various stocks and bonds as collateral security for said loans. These...

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