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AMERICAN SURETY CO. OF NEW YORK v. SHAW

No. 6278.

54 F.2d 550 (1931)

AMERICAN SURETY CO. OF NEW YORK v. SHAW, Banking Com'r.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 9, 1932.

Attorney(s) appearing for the Case

Geo. E. Shelley, of Austin, Tex., for appellant.

W. J. Rogers, of San Antonio, Tex., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The First State Bank of Idalou, Tex., having become insolvent, was taken over for liquidation by the banking commissioner. He brought this suit against appellant as surety on two fidelity bonds issued to the bank, one guaranteeing the fidelity of T. B. Walker, cashier, the other, the fidelity of H. B. Stewart, assistant cashier, each for the sum of $10,000.

It was alleged that beginning in April, 1928, and continuing to January 30...

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