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MALEY v. EAST SIDE BANK OF CHICAGO

No. 15072.

361 F.2d 393 (1966)

Charles David MALEY, Trustee in bankruptcy of National Lumber Company, a division of C. M. Paul Lumber Co., Bankrupt, Plaintiff-Appellee, v. EAST SIDE BANK OF CHICAGO, an Illinois corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 21, 1966.

Attorney(s) appearing for the Case

Robert A. Sprecher, Ray Berg, Nathan Wolfberg, Chicago, Ill., for defendant-appellant.

John D. Schwartz, George W. Overton, Chicago, Ill., for plaintiff-appellee, Overton, Marks & Schwartz, Chicago, Ill., of counsel.

Before DUFFY and SWYGERT, Circuit Judges, and GRANT, District Judge.

GRANT, District Judge.

This is an action by a trustee in bankruptcy for a corporation to recover from a bank the amounts of checks payable to the corporation but cashed or deposited by the president and sole shareholder of the corporation for his own benefit. The district court entered a summary judgment for the trustee against the bank in the sum of $46,127.18 plus interest and costs.1 We are of the opinion that the decision of the district...

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