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BASSINGER v. UNITED STATES FIDELITY & GUARANTY CO.

No. 9254.

58 F.2d 573 (1932)

BASSINGER v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Eighth Circuit.

April 13, 1932.

Attorney(s) appearing for the Case

Leonard A. Flansburg, of Lincoln, Neb., (George A. Lee, of Lincoln, Neb., and Frank W. Bartos and Otto E. Placek, both of Wilber, Neb., on the brief), for appellant.

Roland Max Anderson, of Lincoln, Neb. (Carl E. Sanden and Bernard S. Gradwohl, both of Lincoln, Neb., on the brief), for appellee.

Before Stone and Kenyon, Circuit Judges, and Cant, District Judge.

STONE, Circuit Judge.

This is an action on a sheriff's bond for personal injury received in connection with an attempt by the sheriff to arrest appellant in the mistaken belief that he had committed a felony. This arrest was without warrant, and the action of the sheriff was based upon information which he had received from the sheriff of an adjoining county. The sheriff and the surety filed separate demurrers to this petition as not stating a cause of action. The...

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