Joseph McKenna

“ The citizenship of the parties, however, is not diverse as in the other action, they being all citizens of Oklahoma. There is a further difference from the other action in that in the latter the plaintiff was a depositor in the bank while in this he is a stockholder as well as a depositor and seeks to have his stockholder's liability of $2,000 offset against any sums that may be owing to him by reason of the matters set forth in his petition, Lankford, as bank commissioner, having refused to do so. ”

“ We assume that the amendment to the petition which charges that the lien of the state upon the assets of the bank was so enforced as to give other depositors a preference was intended to be but another way of asserting violation of the Constitution, not by the law of the state, but by the wrongful administration of the law by Lankford. Indeed the petition negatives state action. It is based, as we have seen, upon the tortious conduct of Lankford, not in exertion of the state law but in violation of it. The reasoning of No. ”