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FIDELITY & CASUALTY CO. OF NEW YORK v. BRIGHTMAN

No. 9044.

53 F.2d 161 (1931)

FIDELITY & CASUALTY CO. OF NEW YORK v. BRIGHTMAN et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 7, 1931.

Attorney(s) appearing for the Case

E. H. McVey, of Kansas City, Mo. (Samuel R. Freet and Lester G. Seacat, both of Kansas City, Mo., on the brief), for appellant.

Ed S. Jones, of Macon, Mo. (George N. Davis and Otho F. Matthews, both of Macon, Mo., on the brief), for appellees.

Before KENYON and BOOTH, Circuit Judges, and OTIS, District Judge.

KENYON, Circuit Judge.

This suit was brought by appellant to enjoin the prosecution of some sixty-one separate actions pending in the state courts of Missouri. Plaintiffs in these suits sought, as depositors of the defunct Citizens' Bank of Lancaster, Mo., to recover against Frank C. Millspaugh, Commissioner of Finance of said state, and appellant, as surety on his bond, amounts aggregating some $50,000. The equity jurisdiction rests on the claim that the amounts...

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