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AMERICAN SURETY CO. v. DE CARLE

No. 5166.

25 F.2d 18 (1928)

AMERICAN SURETY CO. OF NEW YORK v. DE CARLE, County Treasurer, et al.

Circuit Court of Appeals, Ninth Circuit.

March 26, 1928.

Attorney(s) appearing for the Case

Sterling M. Wood and Robert E. Cooke, both of Billings, Mont., for appellant.

Rudolph Nelstead, of Miles City, Mont., for appellees De Carle et al.

Charles H. Loud and William B. Leavitt, both of Miles City, Mont., for appellees Commercial National Bank et al.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

This is an appeal from a decree dismissing an amended and supplemental complaint in equity. The facts, so far as deemed material to a proper understanding of the questions presented for decision, are as follows: On June 10, 1922, the Commercial National Bank of Miles City, Mont., made application to the American Surety Company of New York for a bond of suretyship in the sum of $75,000, in favor of the treasurer of Custer county, Montana, in...

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