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UNITED STATES FIDELITY & GUARANTY CO. v. WHITTAKER

No. 4455.

8 F.2d 455 (1925)

UNITED STATES FIDELITY & GUARANTY CO. v. WHITTAKER.

Circuit Court of Appeals, Ninth Circuit.

November 2, 1925.

Attorney(s) appearing for the Case

Gunn, Rasch & Hall, of Helena, Mont., for plaintiff in error.

James L. Wallace and Chas. N. Madeen, both of Missoula, Mont., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

In January, 1912, one Agnes Comerford, as administratrix of the estate of Thomas Comerford, deceased, commenced an action in the district court of the Fourth judicial district of the state of Montana, in and for the county of Missoula, against the James Kennedy Construction Company and the city of Missoula, a municipal corporation, to recover damages in the sum of $36,420 for negligently causing the death of her husband. Upon the trial of the...

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