United States v. Barber

CHESNUT, District Judge.

In this case motions have been made by the defendants to dismiss the second amended bill of complaint. Similar motions were made to dismiss the first amended bill of complaint and an extended opinion was filed August 11, 1938 sustaining the motions but indicating that a second amendment would be allowed if the plaintiff could conform to certain requirements therein indicated.

*198The liability of the defendants is predicated on the general equitable trust fund doctrine affecting voluntary transfers, with notice of plaintiff’s claim. The motion to dismiss the first amended…