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MARYLAND CASUALTY CO. v. NORVILLE

No. 1256.

80 F.2d 438 (1935)

MARYLAND CASUALTY CO. v. NORVILLE.

Circuit Court of Appeals, Tenth Circuit.

December 9, 1935.

Attorney(s) appearing for the Case

Charles M. Morris and Louis H. Callister, both of Salt Lake City, Utah (Edward R. Callister, of Salt Lake City, Utah, on the brief), for appellant.

Ralph T. Stewart, of Salt Lake City, Utah (C. W. Wilkins, Samuel J. Carter, and Emerson B. Thatcher, all of Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

This is an action to recover on a fidelity bond. Plaintiff resided in Salt Lake City, Utah, at the times which are material here and was engaged in the automobile business there. In April, 1933, he and J. R. Steele, also a resident of that city, entered into a written contract in which Steele was employed to purchase automobiles for plaintiff in eastern centers and providing that plaintiff would advance the money necessary to that end; that...

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