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MOTHERSEAD v. UNITED STATES FIDELITY & GUARANTY CO.

No. 7400.

22 F.2d 644 (1927)

MOTHERSEAD, State Bank Com'r of Oklahoma, v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Eighth Circuit.

October 28, 1927.

Attorney(s) appearing for the Case

M. W. McKenzie and Gentry Lee, both of Oklahoma City, Okl., for appellant.

C. B. Ames, of Oklahoma City, Okl. (Joseph A. McCullough, of Baltimore, Md., J. C. Monnet, Jr., of Oklahoma City, Okl., and Ames, Lowe & Cochran, of Oklahoma City, Okl., on the brief), for appellee.

Before BOOTH, Circuit Judge, and TRIEBER and PHILLIPS, District Judges.

PHILLIPS, District Judge.

This is an appeal from a decree in favor of the United States Fidelity & Guaranty Company (hereinafter called the surety company) in a suit brought by it against O. B. Mothersead, bank commissioner of the state of Oklahoma (hereinafter called the bank commissioner). The suit involves the liquidation of a large number of insolvent banks in the state of Oklahoma. The material facts are not in dispute and are as follows:

The surety...

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