ANDERSON v. MOSER

No. 8815.

156 F.2d 408 (1946)

ANDERSON v. MOSER et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied August 20, 1946.


Attorney(s) appearing for the Case

Charles P. Tighe, of New Albany, Ind. (William E. Coolman, of New Albany, Ind., of counsel), for appellants.

Robert S. Marx, Frank E. Wood, and Harry Kasfir, all of Cincinnati, Ohio (Nichols, Wood, Marx & Ginter, all of Cincinnati, Ohio, of counsel), for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

The question presented involves the right of a receiver of a national bank to sue distributees of a deceased stockholder of the bank without having his claim filed in the regular course of administration of the decedent's estate.

The case was tried by the court without a jury. The court made a number of separate findings of fact upon which he stated his conclusions of law. He held that the equities were with plaintiff and that plaintiff...

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