Futrall v. Ray

GARDNER, Circuit Judge.

This was an action brought by appellant as receiver of the Lee County National Bank, appointed by the Comptroller of the Currency, to recover an assessment made by the Comptroller of the Currency on the capital stock owned by the appel-lee in a closed national bank. The parties will be referred to as they appeared below.

Plaintiff’s complaint was in conventional form, but there was attached to it as an exhibit the order made by the Comptroller of the Currency levying the assessment. The answer admitted all the allegations of the complaint and pleaded the three year…