Schram

This is an appeal from a judgment dismissing with prejudice the bill of complaint of appellant Schram. The filing of this case succeeded an appeal sustaining a judgment dismissing a bill filed in an earlier suit against the same parties, except Poole, Jr., then a minor. Our opinion on the former appeal, stating the pleadings and most of the facts pertinent here, is reported in 97 F.2d 566 . In it we held that there could be no recovery against Poole, as guardian, or against Poole Jr.’s estate because of the failure to join the minor. In the present suit the minor was joined. He attained his majority and his estate was distributed to him prior to the trial below.

The bill, as in the companion cases, Schram v. Smith, 9 Cir., 97 F.2d 662 , Schram v. Leyda, 9 Cir., 97 F.2d 665 , and Schram v. Robertson, 9 Cir., 111 F.2d 722 , this day decided, is one in which Schram, as receiver of First National Bank-Detroit, hereafter called First National, seeks to recover against each of the appellees for •an assessment by- the Comptroller of the Currency on the outstanding stock of First National held by Detroit Bankers Company, a Michigan corporation, hereafter called Bankers Company.

John…