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FIDELITY & DEPOSIT CO. OF MARYLAND v. FARMERS' BANK

No. 8779.

44 F.2d 11 (1930)

FIDELITY & DEPOSIT CO. OF MARYLAND v. FARMERS' BANK OF BATES COUNTY, MO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 4, 1930.

Attorney(s) appearing for the Case

Leland Hazard, of Kansas City, Mo. (P. E. Reeder, of Kansas City, Mo., and O. W. Littleton, of Baltimore, Md., on the brief), for appellant.

D. C. Chastain, of Butler, Mo. (Cyrus Crane, of Kansas City, Mo., on the brief), for appellee.

Before KENYON, BOOTH, and GARDNER, Circuit Judges.

BOOTH, Circuit Judge.

This is a suit in equity by the Fidelity & Deposit Company of Maryland against the Farmers' Bank of Bates County, Mo., to recover an account of moneys which the Fidelity Company has paid to Bates county, Mo., on a bond given to the county by the county treasurer with the Fidelity Company as surety, the Fidelity Company claiming subrogation to the rights of the county against the bank.

A motion was made to dismiss the first amended...

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