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INDEMNITY INS. CO. OF NORTH AMERICA v. UNITED STATES

No. 7338.

74 F.2d 22 (1934)

INDEMNITY INS. CO. OF NORTH AMERICA v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 26, 1934.

Attorney(s) appearing for the Case

J. Gaillard Hamilton, of Mobile, Ala., for appellant.

Alex C. Birch, U. S. Atty., and J. E. Meredith, Asst. U. S. Atty., both of Mobile, Ala.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was against the surety on a clearance bond1 given under 8 USCA § 167 (a).

The complaint was a simple one. It set out the bond and averred breach of its conditions. Against the petition more than forty-three demurrers were leveled and eight pleas. All of defendant's demurrers were overruled. All of plaintiff's demurrers to the eight pleas were sustained. The trial resulted in a judgment on...

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