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CLARKSBURG TRUST CO. v. COMMERCIAL CASUALTY INS. CO.

No. 2905.

40 F.2d 626 (1930)

CLARKSBURG TRUST CO. v. COMMERCIAL CASUALTY INS. CO.

Circuit Court of Appeals, Fourth Circuit.

April 8, 1930.

Attorney(s) appearing for the Case

James M. Guiher and George M. Hoffheimer, both of Clarksburg, W. Va. (Philip P. Steptoe, Steptoe & Johnson, and Hoffheimer & Templeman, all of Clarksburg, W. Va., on the brief), for appellant.

James S. McCluer and Mason G. Ambler, both of Parkersburg, W. Va. (L. H. Adams, of Newark, N. J., and B. M. Ambler, of Parkersburg, W. Va., on the brief), for appellee.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in an action at law instituted by the Clarksburg Trust Company, as plaintiff, against the Commercial Casualty Insurance Company, as defendant, to recover on a bond alleged to have been executed to guarantee a deposit made by plaintiff in the Fayette City National Bank of Fayette City, Pa. The insurance company defended on the ground that the deposit in question was made on time certificate, whereas the bond covered only deposits...

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