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MARYLAND CASUALTY CO. v. KLICKALUMBER CO.

No. 6047.

41 F.2d 222 (1930)

MARYLAND CASUALTY CO. v. KLICKALUMBER CO.

Circuit Court of Appeals, Ninth Circuit.

May 26, 1930.

Attorney(s) appearing for the Case

Edgar A. Luce and Albert J. Lee, and Stearns, Luce & Forward, all of San Diego, Cal., for appellant.

W. P. Cary and J. G. Driscoll, Jr., and Gray, Cary, Ames & Driscoll, all of San Diego, Cal., for appellee.

Before RUDKIN and WILBUR, Circuit Judges, and KERRIGAN, District Judge.

WILBUR, Circuit Judge.

This is an appeal from a judgment upon a surety bond indemnifying the appellee against loss by reason of the embezzlement by R. H. Phillips, one of the employees of the appellee. The appellant surety company defended the action upon the ground of a breach of warranty by the appellee. The statements which the appellant relies upon as warranties are contained in written applications for the indemnity bond, and relate to the manner in which the...

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