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AMERICAN SURETY CO. OF NEW YORK v. BLOUNT COUNTY BANK

No. 5465.

30 F.2d 882 (1929)

AMERICAN SURETY CO. OF NEW YORK v. BLOUNT COUNTY BANK.

Circuit Court of Appeals. Fifth Circuit.

Rehearing Denied March 25, 1929.

Attorney(s) appearing for the Case

E. L. All and J. D. Rucker, both of Birmingham, Ala. (Bradley, Baldwin, All & White, of Birmingham, Ala., on the brief), for appellant.

Earl Pettus, of Birmingham, Ala., and P. A. Nash, of Oneonta, Ala., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

After the Oneonta Trust & Banking Company was merged with the appellee, Blount County Bank, the appellee brought this action against the appellant, American Surety Company of New York, on a bond in the sum of $10,000 made by the latter to the Oneonta Trust & Banking Company, with condition that appellant, "as surety, binds itself to pay to the Oneonta Trust & Banking Company, Oneonta, Alabama, as employer, such pecuniary loss as...

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