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STATE OF MISSOURI v. TITLE GUARANTY & SURETY CO.

No. 9911.

72 F.2d 595 (1934)

STATE OF MISSOURI ex rel. and to Use of STORMFELTZ v. TITLE GUARANTY & SURETY CO. et al.

Circuit Court of Appeals, Eighth Circuit.

August 6, 1934.

Attorney(s) appearing for the Case

E. H. Gamble, of Kansas City, Mo. (S. M. Mandell, Hyde & Fischer, and Trusty & Pugh, all of Kansas City, Mo., on the brief), for appellant.

Wendell H. Cloud, of Kansas City, Mo., for appellee Title Guaranty & Surety Co.

Floyd E. Jacobs, of Kansas City, Mo. (Mitchel J. Henderson, of Kansas City, Mo., and John Farrington, of Springfield, Mo., on the brief), for appellee American Surety Co., of New York.

Before STONE and GARDNER, Circuit Judges, and JOYCE, District Judge.

GARDNER, Circuit Judge.

This is an appeal from a judgment dismissing appellant's amended petition after the court had sustained a demurrer thereto, and appellant had refused to plead further. The case was docketed below as an action at law but appellant moved to transfer it to the equity docket, but no action seems to have been taken on this motion. The court, in its opinion1 sustaining the demurrer...

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