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FIDELITY & DEPOSIT CO. OF MARYLAND v. MacGRUER

No. 7295.

77 F.2d 83 (1935)

FIDELITY & DEPOSIT CO. OF MARYLAND v. MacGRUER et al.

Circuit Court of Appeals, Ninth Circuit.

April 22, 1935.

Attorney(s) appearing for the Case

Redman, Alexander & Bacon and Alfred B. Weiler, all of San Francisco, Cal., for appellant.

Clarence E. Todd and Vincent Surr, both of San Francisco, Cal., for appellee.

Before WILBUR and GARRECHT, Circuit Judges, and NORCROSS, District Judge.

NORCROSS, District Judge.

This is an appeal from an order vacating an order of dismissal. The only question presented is whether the District Court had jurisdiction to vacate the order of dismissal after the expiration of the term in which the dismissal was entered.

The record discloses the following facts: In 1929 the appellees, as plaintiffs, brought an action against appellant, Fidelity & Deposit Company of Maryland, as the surety on an injunction bond...

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