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SUE EMPIRE FOR ASSETS OF BANK State Officials Claim When Bank Toppled Papers Withdrawn Special to The World. BARTLESVILLE, Sept. 25-The charges launched against the Empire Gas & Fuel Co. of this city by the state banking department for the recovery of sums alleged to be due the defunct Bartlesville State bank have been taken up in the federal court at Muskogee. Roy Wolcott, state bank commissioner, T. J. Ellis, jr., of Ochelata and W. H. Trippet of Enid, the latter two liquidating agents, signed the federal court petition. Approximately $346,000 in notes, securities, credits and other assets of the defunct Bartlesville State bank were removed to protect deposits of the Empire Gas & Fuel Co., when officers of the bank knew that its failure was impending, thus jeopardizing the interests of other depositors and creating a large deficit in the guaranty fund. Defendant Has Securities. The petition asserts that the Empire company now is in possession of assets of the bank in the sum named. The securities, credits and notes were removed from the bank within a period of two months early this year immediaely previous to the suspension of the bank and while its directors and officers, as well as the Empire company, knew that it was tottering toward failure, according to the petition. Unless the assets are returned for disbursements on a pro rata basis by the liquidating agent depositors other than the Empire company will sustain large losses, the petition declares. The state guaranty fund, already badly riddled by other bank failures, will suffer further deficits unless the assets are restored to the keeping of the state bank commissioner and liquidating agent, it is claimed. Previous to the time the bank began to slip toward suspension, the Empire company had on deposit about $400,000, the petition declares. About $270,000 in notes and securities were turned over to the Empire company when