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CITY OF PARSONS v. FIDELITY & DEPOSIT CO. OF MARYLAND

Nos. 210, 211.

43 F.2d 315 (1930)

CITY OF PARSONS v. FIDELITY & DEPOSIT CO. OF MARYLAND. SAME v. NATIONAL SURETY CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied October 24, 1930.

Attorney(s) appearing for the Case

Douglas Hudson, of Ft. Scott, Kan., and Carl V. Rice, of Parsons, Kan., for appellant.

P. E. Reeder, of Kansas City, Mo. (E. Milton Smith, of Baltimore, Md., and George J. Winger, of Kansas City, Mo., on the brief), for appellee Fidelity & Deposit Co.

Henry L. Jost, of Kansas City, Mo. (Sebree, Jost & Sebree, of Kansas City, Mo., on the brief), for appellee National Surety Co.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

LEWIS, Circuit Judge.

These cases present the same issue of law and will be disposed of in one opinion.

The actions are on official bonds given to the City of Parsons by W. W. Cavanaugh, its city treasurer, and by the respective appellees as his sureties. The State statute required the bonds of Cavanaugh, and the question is whether their conditions were broken with consequent damage to the city. In No. 210 the condition of the bond is that "if the said W...

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