Legal Opinion · Concurrence

Kersh Lake Drainage Dist. v. State Bank & Trust Co.

Court of Appeals for the Eighth Circuit

Decided October 26, 1943No. 12593Published

1ConcurrenceJohnsen, Circuit Judge

(concurring separately)-.

I read the majority opinion to hold that our affirmance in Kersh Lake Drainage District v. State Bank & Trust Co., 8 Cir., 92 F.2d 783, does not purport to create or authorize any receivership for the affairs of the District; that no such receivership can properly be said to exist under the terms of the lower court’s decree, which we affirmed; and that there is accordingly nothing to. constitute the legal subject of a motion for receivership termination. On the basis of this construction, I concur in the affirmance of the order overruling appellant’s motion, which it…

2Cases cited3 opinions

  1. Drainage Dist. No. 2 of Crittenden County v. Mercantile-Commerce Bank & Trust Co. of St. LouisCourt of Appeals for the Eighth Circuit · 1934
  2. Dickinson v. MingeaSupreme Court of Arkansas · 1935
  3. Kersh Lake Drainage Dist of Jefferson v. State Bank & Trust Co. of WellstonCourt of Appeals for the Eighth Circuit · 1937

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