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ÆTNA CASUALTY & SURETY CO. v. UNITED STATES FIDELITY & GUARANTY CO.

No. 4524.

11 F.2d 102 (1926)

ÆTNA CASUALTY & SURETY CO. et al. v. UNITED STATES FIDELITY & GUARANTY CO. et al.

Circuit Court of Appeals, Fifth Circuit.

January 19, 1926.

Attorney(s) appearing for the Case

W. T. Stockton, Herman Ulmer, Richard P. Marks, Sam R. Marks, and Francis M. Holt, all of Jacksonville, Fla., for appellants.

Wm. Wade Hampton, Fred J. Hampton, and Edwin B. Hampton, all of Gainesville, Fla., and F. P. Fleming, of Jacksonville, Fla. (C. H. Lichliter, of Jacksonville, Fla., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Appellants joined in a single bill of complaint to cancel two bonds; one for $20,000 upon which the Ætna was surety, and the other for $30,000 upon which the Standard was surety. Each of the bonds recites that the principal, the Florida Bank & Trust Company, of Gainesville, Fla., on August 7, 1923, had been designated by the board of bond trustees of a special road and bridge district as depository of the funds of that district, and...

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