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NATIONAL FIRE INS. CO. v. SANDERS

No. 75.

33 F.2d 157 (1929)

NATIONAL FIRE INS. CO. v. SANDERS et al.

District Court, E. D. Texas, Texarkana Division.

June 15, 1929.

Attorney(s) appearing for the Case

Thompson, Knight, Baker & Harris, of Dallas, Tex., for plaintiff.

Winfrey & Lane, of Dallas, Tex., for defendant W. D. Sanders.

Cantey, Hanger & McMahon, of Fort Worth, Tex., for defendant Armour Fertilizer Works.

Rodgers & Rodgers, of Texarkana, Tex., for intervener.

ESTES, District Judge.

The plaintiff herein, a fire insurance company, acknowledging an indebtedness to W. D. Sanders for loss occasioned by fire, has filed this bill in equity, based upon section 24, subd. 26, of the Judicial Code (28 USCA § 41(26), which authorizes insurance companies to file such pleading where there are two or more adverse claimants, citizens of different states, to an indebtedness thus created.

The allegations are that the company...

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