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FIDELITY & DEPOSIT CO. v. PEOPLE'S BANK OF SANFORD

No. 3600.

72 F.2d 932 (1934)

FIDELITY & DEPOSIT CO. OF MARYLAND v. PEOPLE'S BANK OF SANFORD et al.

Circuit Court of Appeals, Fourth Circuit.

October 2, 1934.

Attorney(s) appearing for the Case

Julius C. Smith, of Greensboro, N. C., and I. C. Wright, of Wilmington, N. C. (J. C. Pittman, of Sanford, N. C., on the brief), for appellant.

K. R. Hoyle and Clauson L. Williams, both of Sanford, N. C. (E. L. Gavin, of Sanford, N. C., on the brief), for appellees.

Before PARKER and SOPER, Circuit Judges, and MEEKINS, District Judge.

PARKER, Circuit Judge.

This is an appeal from a decree entered in favor of plaintiffs on a bond guaranteeing the fidelity of the cashier of a bank. Suit was originally instituted on the bond by the bank itself; but later the administration of the bank's affairs was taken over by the commissioner of banks of the state of North Carolina, and he was made a party plaintiff by order of court. Although the case is essentially one at law, it was heard in equity by the court...

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