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HELMERS v. ANDERSON

No. 10198.

156 F.2d 47 (1946)

HELMERS et al. v. ANDERSON.

Circuit Court of Appeals, Sixth Circuit.

June 24, 1946.

Attorney(s) appearing for the Case

Murray Seasongood and Joseph A. Segal, both of Cincinnati, Ohio (Robert P. Goldman, of Cincinnati, Ohio, on the brief), for appellants.

Robert S. Marx, of Cincinnati, Ohio (Frank E. Wood, Harry Kasfir, and William C. Kelly, all of Cincinnati, Ohio, on the brief), for appellee.

Ralph E. Clark, of Cincinnati, Ohio, for amicus curiae.

Lewis Levy, of Cincinnati, Ohio, pro se.

Before ALLEN, MARTIN and MILLER, Circuit Judges.

MILLER, Circuit Judge.

This appeal presents the question whether appellee's action, seeking to collect a "double liability" assessment levied by the Comptroller of Currency upon the stockholders of The National Bank of Kentucky, of Louisville, Kentucky, was barred by the Statute of Limitations. The District Court held that the action was not so barred and overruled appellants' motion to dismiss the Bill of Complaint.

The Bill of Complaint, filed on December...

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