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ABERNATHY v. STATE OF OKLAHOMA

No. 8170.

31 F.2d 547 (1929)

ABERNATHY et al. v. STATE OF OKLAHOMA, ex rel. GOAR et al.

Circuit Court of Appeals, Eighth Circuit.

April 19, 1929.

Attorney(s) appearing for the Case

C. B. Stuart and John Tomerlin, both of Oklahoma City, Okl. (G. C. Abernathy, of Shawnee, Okl., on the brief), for appellants.

Roy F. Lewis and Tom C. Waldrep, both of Shawnee, Okl. (Randall Pitman, Goode, Dierker & Goode and Waldrep & Jones, all of Shawnee, Okl., on the brief), for appellees.

Before KENYON, Circuit Judge, and FARIS and SANBORN, District Judges.

KENYON, Circuit Judge.

This is an action at law brought in pursuance of the laws of Oklahoma, State, for Use of Board of Com'rs of Osage County, v. McCurdy, 115 Okl. 111, 241 P. 816, by that state, on relation of the county commissioners of Pottawatomie county, Okl., against the administrator of the estate of Robert Lee Alexander, deceased, formerly treasurer of said county, and the American Surety Company of New York, surety on the bond of said Alexander, to recover...

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