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upr000059 172

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upr000059-172
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    His FIRST NATIONAL BANK OF NEVADA, RENO, NEVADA vs. LAS VEGAS LAND AND WATER COMPANY, et al. Civil Action No. 939. Las Vegas, Nevada, February 13,1952. Mr.E.E. Bennetts { cc - Mr* Win. Reinhardt Mr. W.H. Johnson. ) Supplementing my letter to you of February 12, 1952, with reference to the above entitled mat­ter, I transmit herewith the Summons and Complaint, together with the exhibits and Motion for Preliminary Injunction In said matter, for your examination. Be­cause the pleadings and exhibits are so voluminous I have not undertaken to make copies. The complaint is brought by the First National Bank of Nevada, Reno, Nevada, against some thirty-five defendants, including the Las Vegas Land and Water Company. Briefly, one of the defendants, Frank Dio Dato sold his grocery business known as the Standard Market and entered into an escrow agreement with the purchasers, with the plaintiff bank acting as escrow agent. The purchaser paid into the escrow the sum of * 17,000.00 which was assumed to be more than enough to take care of all creditors of the business.. All of the defendants named in the complaint are creditors of the business and it now appears that the bank has in­sufficient money to pay all claims. The Las Vegas Land and Water Company has a claim of $16.25* The bank there fore seeks by this action to deposit the money remaining in its possession with the Court and has caused each defendant creditor to interplead and claim the amount of money due to the respective defendants. Judge Foley, on February 6, 1952, granted a preliminary injunction restraining the named defendants from prosecuting any action against the bank, pending the disposition of this matter. CMC/b end. CALVIN M. CORY