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UNITED STATES S. BD. M. F. CORP. v. UNITED STATES F. & GUAR. CO.

No. 6352.

77 F.2d 370 (1935)

UNITED STATES SHIPPING BOARD MERCHANT FLEET CORPORATION, to the Use of the UNITED STATES, v. UNITED STATES FIDELITY & GUARANTY CO.

United States Court of Appeals for the District of Columbia.

Decided March 25, 1935.

Attorney(s) appearing for the Case

Ralph H. Hallett, Asst. Counsel, Solicitor's Office, Department of Commerce, and Leslie C. Garnett, U. S. Atty., both of Washington, D. C., for appellant.

Edwin C. Brandenburg, Louis M. Denit, and Challen B. Ellis, all of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.

GRONER, Associate Justice.

Appellant, whom we shall call Fleet Corporation, brought an action at law in 1930 against appellee, whom we shall call surety, on the same cause of action asserted here. That action was dismissed in December, 1931, and the pending action begun. The issues were made up, and the case calendared for trial June 13, 1933, but, for some reason which does not appear, the trial was postponed. On February 12, 1934, counsel for Fleet Corporation filed...

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