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FIRST NAT. BANK OF MEMPHIS v. AETNA CASUALTY & SURETY CO.

No. 14772.

309 F.2d 702 (1962)

The FIRST NATIONAL BANK OF MEMPHIS, Plaintiff-Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

November 19, 1962.

Attorney(s) appearing for the Case

A. Longstreet Heiskell (A. Longstreet Heiskell, Frierson M. Graves, Jr., Shepherd, Heiskell, Williams, Wall, & Kirsch), Memphis, Tenn., on the brief, for appellant.

Cooper Turner, Jr., Memphis, Tenn., and Elmer W. Beasley, Hartford, Conn., Cooper Turner, Jr., Memphis, Tenn., Elmer W. Beasley, Hartford, Conn., on the brief, Canada, Russell & Turner, Memphis, Tenn., of counsel, for appellee.

Before CECIL, Chief Judge, WEICK, Circuit Judge, and PECK, District Judge.

WEICK, Circuit Judge.

The First National Bank of Memphis sued The Aetna Casualty and Surety Company in the District Court on a "Bankers Blanket Bond" to recover moneys which it paid in settlement of litigation with the trustee in bankruptcy of Butler-Foster Milling Company over an alleged voidable preference claimed by the trustee to have been received by the Bank.

The litigation with the trustee in bankruptcy arose out of loans made by the Bank to Butler...

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