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LEVERING v. INDEMNITY INS. CO. OF NORTH AMERICA

No. 6199.

50 F.2d 151 (1931)

LEVERING v. INDEMNITY INS. CO. OF NORTH AMERICA et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 15, 1931.

Attorney(s) appearing for the Case

Bicksler, Smith, Parke & Catlin, H. E. Booth, and Martin M. Levering, all of Los Angeles, Cal. (Henry Trowbridge, of Los Angeles, Cal., on the brief), for appellant.

Hartley F. Peart, of San Francisco, Cal., and Gallaher & Ozias, of Fresno, Cal., for appellee Indemnity Ins. Co. of North America.

Everts, Ewing, Wild & Everts, of Fresno, Cal., for appellees Vogel and others.

Young & Hudson and Bert F. Rabinowitz, all of San Francisco, Cal., for appellee Crowell.

Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.

WILBUR, Circuit Judge.

This action is brought upon an indemnity bond given January 26, 1924, on behalf of the sellers to the purchaser, the appellant, in connection with a sale and as an inducement to the purchase of a majority of the shares (679) of the National Bank of Bakersfield, at $140 per share. Judgment was rendered for the defendants, and the plaintiff appeals. The case was tried by the court without a jury in pursuance of a stipulation in writing, and written...

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