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McKay v. Atwood

CIRCUIT COURT OF APPEALS, THIRD CIRCUIT


March 20, 1935

ROBERT J. MCKAY, J. ALBERT MCKAY AND THOMAS J. MCKAY, TRUSTEES OF THE ESTATE OF JAMES MCKAY, DECEASED, APPELLANTS,
v.
ARTHUR R. ATWOOD, RECEIVER OF THE DUQUESNE NATIONAL BANK OF PITTSBURGH, APPELLEE

Appeal from the District Court of the United States for the Western District of Pennsylvania; Frederic P. Schoonmaker, Judge.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below, the trustees of the estate of James McKay filed a bill against the receiver of the Duquesne National Bank to have the bank adjudged to have held some $11,000 as a trust account which should be paid in preference to general depositors. On final hearing, the court below dismissed the bill. Thereupon the trustees took this appeal.

The case turns on the construction of written documents, depends on its own facts, and no general principles are involved. Those writings were analyzed and construed in a comprehensive opinion.

Finding ourselves in accord therewith, we affirm the case on the judge's opinion (D.C.) 10 F. Supp. 475.

19350320

© 1998 VersusLaw Inc.



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