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McVEY v. GROSS

No. 3537.

11 F.2d 379 (1926)

McVEY et al. v. GROSS et al.

District Court, N. D. Texas, Dallas Division.

March 15, 1926.

Attorney(s) appearing for the Case

Webster Atwell, of Dallas, Tex., and Capps, Cantey, Hanger & Short, of Fort Worth, Tex., for the motion.

Moroney & Moroney, of Dallas, Tex., opposed.

ATWELL, District Judge.

United States Marshal S. L. Gross executed a bond with the defendant Fidelity & Deposit Company of Maryland as surety, which provided that "the said Samuel L. Gross, by himself and by his deputies, shall faithfully perform all of the duties of said office of marshal." The plaintiffs brought a suit in the state court against the marshal for the negligent killing of Mrs. Margaret Zeimett by W. R. Hightower, who was one of the deputies of...

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