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Benjamin Helm Bristow to Noah Davis, 28 October 1871

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Oct. 28, 1871. Hon. Noah Davis, U. S. Attorney, New York. Sir: Referring to your letter of the 12th instant, relative to the suit in the Supreme Court of your State by the Ocean National Bank against the Receiver of the First National Bank of Selma, Alabama, yourself and others, I have to say that it cannot be conceded that the United States may be brought into court as a party defendant by service of process on the District Attorney. You will therefore resist the jurisdiction of the Court so far as the United States is concerned. Notwithstanding the delay in replying to your letter, I have been unable to ascertain definitely what course the Comptroller of Currency proposes touching the fund which it is claimed belonged to the First National Bank of Selma. The attention of the Comptroller has been called to this matter, and I suppose that he will give the Receiver instructions as to the course to be pursued by him. Very respectfully, B. H. Bristow, Solicitor General & Acting Attorney General.
Ocean National Bank case.
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