Federal Deposit Insurance Corporation v. Myhre

249 F.2d 887 FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of the Bank of North Idaho, Substituted for the Bank of North Idaho, Appellant, v. Merle C. MYHRE and Betty A. Myhre, husband and wife, Appellees. No. 15130. United States Court of Appeals Ninth Circuit. July 8, 1957. McNaughton & Sanderson, W. F. McNaughton, Coeur d'Alene, Idaho, Royal L. Coburn, Gen. Counsel, John L. Cecil, Asst. Gen. Counsel, Federal Deposit Insurance Corp., Washington, D. C., Graydon W. Smith, Atty. Gen., State of Idaho, for appellant. Whitla & Knudson, E. T. Knudson, Coeur d'Alene, Idaho, for appellees. Before STEPHENS, FEE and BARNES, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 This suit, brought by the Myhres against the Bank of North Idaho, Inc., in the United States District Court, prayed recovery for specified personal property. 2 The appeal here was taken by the Federal Deposit Insurance Corporation 1 from the judgment of the District Court, which ordered that the money judgment therein granted "is entitled to the priority as a trust fund in the order of payment of the debts of the original defendant," and directed the Receiver, substituted for the original defendant, Bank of…