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IN RE MITCHELL

No. 11662.

202 F.2d 426 (1953)

In re MITCHELL. SPILKA v. MICHIGAN NAT. BANK.

United States Court of Appeals Sixth Circuit.

February 19, 1953.

Attorney(s) appearing for the Case

Marvin L. Gardner and John W. Dilgren, Toledo, Ohio, for appellant.

Robert Merkle, Cleveland, Ohio, for appellee.

Murray A. Nadler, Youngstown, Ohio, amicus curiæ.

Before SIMONS, Chief Judge, and MARTIN and MILLER, Circuit Judges.

PER CURIAM.

This appeal having been heard upon the record, briefs and argument of counsel for the respective parties,

And the Court being of the view that the opinion of the Attorney General of Ohio construing the statute herein involved, is not controlling in the decision of this case within the meaning of the rule announced in Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188; In re Avery, 6 Cir.,

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