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NATIONAL SURETY CO. v. JEAN

No. 5234.

36 F.2d 468 (1929)

NATIONAL SURETY CO. v. JEAN.

Circuit Court of Appeals, Sixth Circuit.

December 13, 1929.

Attorney(s) appearing for the Case

A. L. Heiskell, of Memphis, Tenn. (M. J. Anderson, of Memphis, Tenn., on the brief), for appellant.

C. M. Bryan and John Vorder Bruegge, both of Memphis, Tenn., for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

This is an action upon an attachment bond. Two questions are involved: (1) The existence of a cause of action in the plaintiff below, here appellee; and (2) the proper measure of recovery. Elizabeth N. Jean and her husband, C. W. Jean, were independently engaged in business at Worthington, Ind., Mrs. Jean operating a general merchandise store and Mr. Jean being engaged in the produce business under the corporate name of The C. W. Jean...

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