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FIDELITY & DEPOSIT CO. OF MARYLAND v. REDFIELD

No. 4490.

7 F.2d 800 (1925)

FIDELITY & DEPOSIT CO. OF MARYLAND v. REDFIELD.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied October 12, 1925.

Attorney(s) appearing for the Case

Frank T. Wyman, of Boise, Idaho, for plaintiff in error.

Charles A. Sunderlin, of Los Angeles, Cal., and Wm. M. Morgan and E. B. Smith, both of Boise, Idaho, for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

The principal contention of the surety company is that it was error to deny its motion for an instructed verdict in its favor. Upon some of the facts the evidence was conflicting. The defendant in error resided in California. During the year 1921 he was represented by his brother, who resided at Burley, Idaho, to whom he had given a power of attorney to execute a bond to the surety company to secure it against...

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