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DEPOSITORS' REPLY IN PARK BANK SUIT FILED WITH COURT Committee Denies Treasury Receiver Has Legal Right to Control Assets. CHALLENGE VALIDITY OF MORAN APPOINTMENT Efforts Made to Collect $1,500,000 Shortage From Directors and Stockholders. Denying that the Treasury receiver right F. Moran. had any legal 1 John the assets of the defunct control Bank, the Depositors Court... Savings yesterday filed in the Supreme a tee Court late of the District of Columbia reply to the receiver's answer. Depositors' Committee asked heard that The raised in their reply be sevwith the other issues in The now before the take along the issues actions right court. the to eral receiver has no the deTreasury to the remaining assets, bank, title reply states, because the of Alapositors the provisions of the law under bama under which it was incorporated, lost its charter as a corporation Bank had August 30, 1929. The Park was on that date, the reply states, divested on 'automatically and completely control title. ownership and of the and assets the all property the it thereto- and over owned and possessed by thereof fore ownership and possession directitle, became then vested in the then trustees." tors of said institution as liquidating Insolvency Denied. The reply further explained that that the controller under the law must find before certain conditions must exist Under he could appoint a receiver. the controller could only ap- for a receiver, the reply and to the same the the the point law reason says. expense of provided in the laws as in respect to on The plaintiffs say banks. United are States further national Bank this point that the Park Savings and corporation was not insolvent of the there "as was no findings or decision said controller of the currency that Park Savings Bank. as a corpora- the the was then insolvent, and that said attempted tion. appointment of the said Moran as receiver. as alleged in answer. was invalid and illegal." The plaintiffs further make the included point the bank could not be laws that 713 of the code of of Columbia as under the section District have because office of corporation, it did not an of a banking house in the District Columbia of when Moran was appointed. corporation itself had expired code The District of in gives the since 1929. this the point controller Columbia right on appoint a receiver for corporations of any to by virtue of the laws "organized States of this Union, and located having of the office or banking house where within an the District of Columbia deposits or savings are received. Seek to Collect Shortage Alabama law, which the efforts deThe are invoking in their and repositors the Treasury receiver to oust him with a receiver to be appoint- the place the court, provides for whose ed liquidation by of corporations charters have expired. such cases, the law declares, full the In shall be trustees with cordirectors to settle the affairs of the law power Furthermore, the same poration. these directors in their and capacity sevmakes liquidating trustees jointly stockas liable to its creditors and erally to the extent of the property holders which may come into their hands." With these weapons, the Depositors' Joseph which is headed by by E. Committee Thompson and represented RichW. Jackson and William E. to Hilton as counsel. is endeavoring stockardson from the directors and more holders collect the entire amount of the in $1,500,000 shortage discovered committed than bank after Robert Stunz suicide the on March 14. The depositors liquidatgoing after the directors as directors are ing trustees and also after the and stockholders as co-partners.