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McCROCKLIN v. FOWLER

No. 17155.

411 F.2d 580 (1969)

James W. McCROCKLIN and the Board of Trustees of Racine College, Plaintiffs-Appellants, v. Henry H. FOWLER, in his capacity as Secretary of the Treasury of the United States; William T. Howell, in his capacity as Deputy Treasurer of the United States; and the Treasury Department, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

May 19, 1969.

Attorney(s) appearing for the Case

Gerald T. Flynn, Racine, Wis., for appellants.

James B. Brennan, U. S. Atty., Robert J. Lerner, Asst. U. S. Atty., Milwaukee, Wis., for appellees.

Before KILEY and SWYGERT, Circuit Judges, and HOFFMAN, District Judge.

KILEY, Circuit Judge.

Plaintiff McCrocklin has appealed from a summary judgment dismissing his complaint which seeks an accounting of funds allegedly deposited with the Secretary of the Treasury of the United States as trustee before 1870, and held by him in a statutory sinking fund created by Congress in 1878, for the retirement of certain Pacific railroad construction bonds. The district court decided that the suit filed July 14, 1967, was barred under the doctrines...

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