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CITY OF WACO, TEX. v. UNITED STATES FIDELITY & GUAR. CO.

No. 7045.

67 F.2d 785 (1933)

CITY OF WACO, TEX., v. UNITED STATES FIDELITY & GUARANTY CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1934.

Attorney(s) appearing for the Case

John McGlasson, of Waco, Tex., for appellant.

W. W. Naman, of Waco, Tex., and Chas. I. Francis, of Wichita Falls, Tex., for appellees.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Curtis Boggs, a citizen of Texas, sued Combs & Glade, contractors, both citizens of Texas, and the city of Waco, for damages received from running his car into an obstruction in a public street. The city by cross-action, as permitted by the Texas practice, vouched in the United States Fidelity & Guaranty Company, a citizen of Maryland, surety on the bond of Combs & Glade, alleging its obligation as surety to pay any liability...

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