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AMERICAN LIABILITY & SURETY CO. v. BLUEFIELD SUPPLY CO.

No. 3561.

70 F.2d 187 (1934)

AMERICAN LIABILITY & SURETY CO. v. BLUEFIELD SUPPLY CO. et al.

Circuit Court of Appeals, Fourth Circuit.

April 3, 1934.

Attorney(s) appearing for the Case

Arthur G. Stone, of Charleston, W. Va. (H. D. Beggs, of Cincinnati, Ohio, and Maurice J. Crocker and Rummel, Blagg & Stone, all of Charleston, W. Va., on the brief), for appellant.

Arthur F. Kingdom, of Bluefield, W. Va., for appellees.

Hartley Sanders, of Princeton, W. Va. (W. S. Dangerfield, of Princeton, W. Va., on the brief), for appellee Piper & East.

Lively, Lively & Stambaugh, of Charleston, W. Va., on the brief, for appellee Marion Steam Shovel Co.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

NORTHCOTT, Circuit Judge.

This is a suit in equity instituted by the Bluefield Supply Company, a West Virginia corporation, against the appellant, an Ohio corporation, in the circuit court of Mercer county, W. Va. On petition of the appellant the cause was removed to the District Court of the United States for the Southern District of West Virginia, at Bluefield. The appellant in its answer to the bill of complaint alleged the existence of other claimants having demands...

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