UNITED STATES FIDELITY & GUARANTY CO. v. CITIZENS' NAT. BANK

No. 886.

13 F.2d 213 (1924)

UNITED STATES FIDELITY & GUARANTY CO. v. CITIZENS' NAT. BANK et al.

District Court, D. New Mexico.

December, 1924.


Attorney(s) appearing for the Case

Gillette & Clark, of Denver, Colo., for plaintiff.

R. D. Bowers, of Roswell, N. M., for defendants.


PHILLIPS, District Judge.

The plaintiff has filed a motion to amend its complaint to conform to the proof. The proposed amendment is in accordance with the theory upon which the cause was tried and conforms to the proofs made. Therefore the motion to amend will be granted.

The evidence established the material allegations of the complaint as amended, and the facts need not be stated in detail, but will be noticed in connection with a discussion of the legal...

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