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ANDERSON v. ANDREWS

No. 9665.

62 F.Supp. 705 (1945)

ANDERSON v. ANDREWS et al.

District Court, E. D. Pennsylvania.

As Amended November 15, 1945.

Attorney(s) appearing for the Case

Vincent C. Veldorale and Joseph Marinelli, both of Philadelphia, Pa., and Nichols, Wood, Marx & Ginter, of Cincinnati, Ohio, for plaintiff.

David Kerr, Harold Evans, of MacCoy, Brittain, Evans & Lewis, and John Wintersteen, of Ballard, Spahr, Andress & Ingersoll, all of Philadelphia, Pa., for defendants.

BARD, District Judge.

Defendants seek dismissal of the complaint under Federal Rules of Civil Procedure, rule 12(b), 28 U.S.C.A. following section 723c, because the complaint was not filed within the time prescribed by the applicable statute of limitations. The suit was brought by the Receiver of The National Bank of Kentucky to recover an assessment made by the Comptroller of the Currency under the provisions of Section 12 of the National Bank Act

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