CONTINENTAL-AMERICAN BANK & TRUST CO. v. UNITED STATES

No. 11911.

161 F.2d 935 (1947)

CONTINENTAL-AMERICAN BANK & TRUST CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 7, 1947.


Attorney(s) appearing for the Case

Chas. D. Egan, Sidney M. Cook and Clarence L. Yancey, all of Shreveport, La., for appellants.

Malcolm E. Lafargue, U. S. Atty., and W. J. Fleniken, Asst. U. S. Atty., both of Shreveport, La., for appellee.

Before SIBLEY, McCORD, and LEE, Circuit Judges.


LEE, Circuit Judge.

The United States brought these two suits against appellants, defendants below, on their guarantees of endorsements made on six checks. For the purpose of this appeal the facts of the two suits are identical.

The complaints and affidavits annexed to motions for summary judgment made by the defendants show that one Bertha Smith, posing as Beulah Mitchell Gibbs, the unremarried widow of Ben Gibbs, Jr., made a fraudulent application to the...

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