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DAIRYMEN'S CO-OPERATIVE SALES CO. v. MARYLAND CASUALTY CO.

No. 5746.

78 F.2d 1014 (1935)

DAIRYMEN'S CO-OPERATIVE SALES CO., a Corporation of Ohio, Appellant, v. MARYLAND CASUALTY CO., a Corporation of Maryland, Appellee.

Circuit Court of Appeals, Third Circuit.

June 14, 1935.

Attorney(s) appearing for the Case

A. E. Kountz and Kountz & Fry, all of Pittsburgh, Pa., for appellant.

Robert A. Applegate and Rose & Eichenauer, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below the Dairymen's Co-operative Sales Company brought suit against the Maryland Casualty. Company to recover upon a bond. The case was heard in accord with the Pennsylvania procedure on the statement of claim and affidavit of defense, and a judgment was entered in favor of the defendant. The plaintiff takes this appeal.

While there are other questions involved in the case, all of which have been considered, the decisive...

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