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BLACK v. FIRST NATIONAL BANK OF MOBILE, ALABAMA

No. 16975.

255 F.2d 373 (1958)

Charles G. BLACK, as Trustee in Bankruptcy of the Estate of Butler-Foster Milling Company, Appellant, v. FIRST NATIONAL BANK OF MOBILE, ALABAMA, and Merchants National Bank of Mobile, Alabama, Appellees.

United States Court of Appeals Fifth Circuit.

May 26, 1958.

Attorney(s) appearing for the Case

John R. Gilliland, Walter P. Armstrong, Jr., and J. S. Allen, Memphis, Tenn., for appellant.

Gessner T. McCorvey and R. F. Adams, Mobile, Ala., McCorvey, Turner, Johnstone, Adams & May, Mobile, of counsel, for appellees.

C. B. Arendall, Jr., and T. Massey Bedsole, Mobile, Ala., Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., of counsel, for First Nat. Bank of Mobile.

Before HUTCHESON, Chief Judge, and RIVES and CAMERON, Circuit Judges.

HUTCHESON, Chief Judge.

By this appeal from an order dismissing its action, plaintiff presents a single question for our decision. This is whether the district court erred in dismissing the action and the causes of action which the trustee asserted in the complaint as amended. As appellant states it in his brief:

"This is a case in which plaintiff (a resident and citizen of the State of Tennessee), Trustee in Bankruptcy of the estate of Butler-Foster Milling...

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