MILLER RUBBER CO. v. MASSEY

No. 4180.

36 F.2d 466 (1929)

MILLER RUBBER CO. OF NEW YORK v. MASSEY et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 18, 1930.


Attorney(s) appearing for the Case

Edward L. England, of Chicago, Ill., for appellant.

John C. Slade, of Chicago, Ill., for appellees.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


EVAN A. EVANS, Circuit Judge.

Appellant prosecutes this appeal to review a decree wherein it was enjoined from proceeding with the collection of a judgment by it obtained against appellees and others. The judgment, the stay of which was commanded, was predicated upon a surety contract running to appellant.

The equity suit was grounded upon two contentions: (a) Appellees were prevented from appearing at the trial of the law action through fraud practiced upon...

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