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AMERICAN SURETY CO. v. CITY OF WINCHESTER

Nos. 5178, 5180.

35 F.2d 812 (1929)

AMERICAN SURETY CO. OF NEW YORK v. CITY OF WINCHESTER et al. CITY OF WINCHESTER v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Sixth Circuit.

November 19, 1929.

Attorney(s) appearing for the Case

W. Pratt Dale, of Louisville, Ky., for American Surety Co.

B. R. Jouett and M. C. Redwine, both of Winchester, Ky. (John T. Metcalf, of Winchester, Ky., on the brief), for City of Winchester.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

This action was originally brought in equity by the American Surety Company of New York against one C. B. Strother, formerly city treasurer of Winchester, Ky., a city of the fourth class, to procure exoneration under the official bond of said Strother, which was executed by the American Surety Company as surety. The city of Winchester was made a party defendant and filed a cross-bill praying that the surety be required to make good certain...

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