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brief was filed with the preme court this week by the partment of trade and commerce, appealing decision of District Judge Stewart, Madison, in which he denied recovery by the department of which was for assessment levied against failed Nebraska State Bank of Norfolk, before closing. the contenof the bank, which has been since reopened, that the assessment on the capital stock are payable only out of the assets of the stockholders. It the contention the state that immaterial whether the bank was bankrupt as the assessment was against the bank itself.