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OVERBY v. UNITED STATES FIDELITY AND GUARANTY CO.

No. 15419.

224 F.2d 158 (1955)

A. N. OVERBY, Acting Secretary of the Treasury, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY and The First National Bank of Auburn, Appellees.

United States Court of Appeals Fifth Circuit.

June 28, 1955.

Attorney(s) appearing for the Case

Donald B. MacGuineas, Samuel D. Slade, Attys., Dept. of Justice, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., Hartwell Davis, U. S. Atty., Montgomery, Ala., for appellant.

Ralph B. Tate, Joseph G. Gamble, Jr., Frank M. Young, Birmingham, Ala., for appellees.

Before HOLMES and RIVES, Circuit Judges, and WRIGHT, District Judge.

RIVES, Circuit Judge.

This appeal by the Acting Secretary of the Treasury is from an order denying a claim of privilege asserted by him, and ordering the President of the appellee bank to produce for discovery certain reports of examination of said bank made by National Bank Examiners to the Comptroller of the Currency and correspondence with the Comptroller.1

The order was issued in a suit brought by appellee bank against appellee...

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