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GARDNER v. UNITED STATES FIDELITY & GUARANTY CO.

No. 629.

60 F.2d 437 (1932)

GARDNER v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 9, 1932.

Attorney(s) appearing for the Case

George M. Porter, of McAlester, Okl., and H. A. Gardner, of Monett, Mo. (W. H. Fuller and J. L. Fuller, both of McAlester, Okl., on the brief), for appellant.

Guy L. Andrews, of McAlester, Okl. (H. I. Aston, of McAlester, Okl., on the brief), for appellee.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

COTTERAL, Circuit Judge.

The appellee company sued Gardner, the appellant, on two causes of action, one of them for damages on an indemnity contract against loss as surety on a railroad construction bond, and the other for premiums on numerous bonds. The appellant defended by answer and a counterclaim. A trial was had to a jury at Durant, Okl., and resulted in a directed verdict for the company. Later a judgment was rendered thereon at Muskogee, Okl. Gardner has appealed...

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