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PLANS TEST CASE ON ESCHEATS LAW O'Brien Says Enforcement of Act Cannot Be Prevented. constitutional holds that the enforcement of the law cannot be prevented because bank depositors neglect to file claim for their deposit in closed bank. By this answer, prepared jointly by the attorney general and Maxwell L. Black, state public administrator, the burden of proof of the unconstitution of the law is thrown upon the receivers of five closed Montcalm county banks. They are opposing the demand of Black that they turn certain funds over to the state. The under the new law, has the right to seize unclaimed and abandoned deposits in bank, Receivers say that many depositors neglected to file claims for their deposits within the allotted period. Receivers represent the Edmore State bank, the Peoples State bank of Sheridan, the Peoples State bank of Butternut, the Trufant State bank and the Farmers and Merchants State bank of Carson City. Intention to make a test case over the issue in Montcalm circuit court before Judge Royal A. Hawley is indicated by the attorney general and the public administrator The receivers are represented by D. Hale Brake, Morris K. Davis and Frank A. Miller, all of Stanton.