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SOUTHERN SURETY CO. v. BRALEY

No. 9488.

64 F.2d 893 (1933)

SOUTHERN SURETY CO. v. BRALEY et al.

Circuit Court of Appeals, Eighth Circuit.

April 26, 1933.

Attorney(s) appearing for the Case

David A. Murphy, of Kansas City, Mo. (John T. Harding and R. Carter Tucker, both of Kansas City, Mo., on the brief), for appellant.

Blatchford Downing, of Kansas City, Mo. (Henry L. McCune, Robert B. Caldwell, and J. M. McCune, all of Kansas City, Mo., on the brief), for appellees.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This is a suit in equity brought by Bertha L. Braley and Dorothy L. Braley to recover a balance alleged to be due upon a bond given to secure the performance of a lease. Appellant was surety on the bond.

The suit was commenced in the state court of Missouri, and was duly transferred to the federal court on the ground of diversity of citizenship, and the requisite jurisdictional amount involved. It was commenced as an action at law, but...

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