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VANADIUM CORPORATION v. FIDELITY & DEPOSIT CO.

No. 26, Docket 20259.

159 F.2d 105 (1947)

VANADIUM CORPORATION OF AMERICA v. FIDELITY & DEPOSIT CO. OF MARYLAND et al.

Circuit Court of Appeals, Second Circuit.

January 6, 1947.

Attorney(s) appearing for the Case

Dwight R. Collin, of New York City (Chadbourne, Wallace, Parke & Whiteside, and Virginia M. Simpson, all of New York City, on the brief), for appellant.

Milton Pollack, of New York City, for appellees.

Before SWAN, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This action against a surety on a bond securing performance of a contract of sale of mining leases was originally brought in the Supreme Court of the State of New York and came to the district court below through removal by defendant because of the diverse citizenship of the parties. The principal on the bond, Horace Ray Redington, then intervened as a party defendant. Since the contract of sale was not completed, plaintiff vendee by its terms...

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