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NATIONAL SURETY COMPANY OF NEW YORK v. JARVIS

No. 5423.

26 F.2d 1020 (1928)

NATIONAL SURETY COMPANY OF NEW YORK, a Corporation, and Fidelity & Deposit Company of Maryland, a Corporation, Plaintiffs in Error, v. George JARVIS, Treasurer of the County of Apache, State of Arizona, for the Use and Benefit of the County of Apache, State of Arizona, Defendant in Error.

Circuit Court of Appeals, Ninth Circuit.

June 11, 1928.

Attorney(s) appearing for the Case

Henderson Stockton, Allan K. Perry, and Thomas A. Flynn, all of Phœnix, Ariz., for plaintiffs in error.

Levi S. Udall, Co. Atty., and Maurice Barth, both of St. John's, Ariz., and Isaac Barth, of Phœnix, Ariz., for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

All substantial questions presented on this appeal were disposed of adversely to appellants' contention by our decision in National Surety Co., et al. v. Apache County et al. (No. 5244) 22 F.2d 356, and we find no reason in the record for altering the conclusions there expressed. In point of technical form, possibly, the judgment is susceptible to criticism, and while we think, when construed in the light...

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