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FINLAYSON v. CABARRUS BANK & TRUST COMPANY

No. C-109-G-58.

181 F.Supp. 838 (1960)

H. Lee FINLAYSON, Jr., Plaintiff, v. CABARRUS BANK & TRUST COMPANY, a North Carolina Corporation, Concord, North Carolina, as Surviving Executor and Trustee Under the Last Will and Testament of Emma F. Whitman, Deceased, Defendant, and Arthur Lee Padgett, Jr. and First & Merchants National Bank of Richmond, Virginia, as Executors and Trustees Under the Last Will and Testament of Norwood K. Whitman, Deceased, Defendants-Intervenors.

United States District Court M. D. North Carolina, Greensboro Division.

March 4, 1960.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter, of Greensboro, N. C., and Tucker, Mays, Moore & Reed, of Richmond, Va., for plaintiff.

E. T. Bost, Jr., and W. H. Beckerdite, Concord, N. C., for defendant.

Adams, Kleemeier & Hagan, of Greensboro, N. C., for defendants-intervenors.

STANLEY, District Judge.

This is an action by the plaintiff, H. Lee Finlayson, Jr., a resident of the State of Florida, against the Cabarrus Bank and Trust Company, a North Carolina banking corporation, as surviving executor and trustee under the last will and testament of Emma F. Whitman, deceased, in which the plaintiff seeks possession of shares of certain common and preferred stock of the National Oil Company, and other property, or the cash equivalent thereof...

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