v0773-525

No. 2182

United States Circuit Court of Appeals

For the Ninth Circuit

RUSSO-CHINESE BANK

(a corporation),

Plaintiff in Error,

vs.

THE NATIONAL BANK OF COM-

MERCE OF SEATTLE, WASH-

INGTON,

Defendant in Error.

REPLY BRIEF OF PLAINTIFF IN ERROR ON REHEARING.

By permission of the court granted at the hearing

we file a reply to the brief of the defendant in error

filed at the time of the argmnent and which we had

had no opportunity of examining prior to the argu-

ment.

THE INSTRUCTION (Record p. 228) THAT PERMISSION OF

PLAINTIFF GIVEN CLARKSON TO TAKE OVER THE FLOUE

UNDER THE ARRANGEMENTS STIPULATED CONSTITUTED

IN LAW A PAYxMENT OF THE DRAFT IS ERRONEOUS.

In the petition for rehearing (pp. 47-56) we

urged three considerations as showing error in this

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