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TO ARGUE N. D. MILL CASE AGAINST BANK Hearing Set at Fargo Tuesday in Deposit Suit. FARGO.โ(AP)โ Arguments are to be presented to Judge Andrew Miller in federal court here Tuesday in an action brought by the North Dakota state mill and elevator against W. V. O'Connor, receiver for the First National bank of Grand Forks in which the plaintiffs seek to regain monies which were on deposit in the bank when it closed on March 4, 1933. The mill and elevator seeks to have its deposit, amounting to approximately $96,000, half of which already has been paid, designated as a preferred claim. It alleges the money was wrongfully deposited in the bank because it was not covered by a depositor's bond and therefore the money merely was held in trust by the bank. The bank receiver claims no bond was required and that the money deposited by the state mill and elevator was merely one of numerous general deposits and that it in no way was construed as a trust fund. A final hearing at which testimony was taken was held Friday. It was the third hearing since the case was begun more than a year ago, previous hearings having been held at Bismarck and Grand Forks. P. O. Sathre, attorney general, T. H. Thoresen and H. A. Bronson, representing the mill and elevator while Tracy and Phillip R. Bangs are attorneys for the bank. The bank failed to open after it was closed during the bank holiday proclaimed by President Roosevelt March 4, 1933.