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FIREMAN'S FUND INS. CO. v. POLK COUNTY

No. 76-173.

543 S.W.2d 947 (1976)

FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. POLK COUNTY, Arkansas, et al., Appellees.

Supreme Court of Arkansas, Division 1.

December 20, 1976.

Attorney(s) appearing for the Case

Tackett, Moore, Dowd & Harrelson, Texarkana, for appellant.

J. Michael Cogbill and Charles R. Ledbetter of Shaw & Ledbetter, Fort Smith, for St. Paul Fire and Marine Ins. Co.

FOGLEMAN, Justice.

Appellant, Fireman's Fund Insurance Company, was surety on the bond of Herman J. Callahan, as Collector of Polk County, covering the year 1973. An audit of the accounts of Callahan for that year by the Division of Legislative Audit of the Legislative Joint Auditing Committee reflected that there was a net shortage in his accounts of $6,982.20 attributable to an excessive withholding of $7,444.16 in commissions on school tax collections and additional...

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