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CITY OF WACO, TEX. v. UNITED STATES FIDELITY & GUAR. CO.

No. 7045.

76 F.2d 470 (1935)

CITY OF WACO, TEX., v. UNITED STATES FIDELITY & GUARANTY CO. et al.

Circuit Court of Appeals, Fifth Circuit.

March 22, 1935.

Attorney(s) appearing for the Case

John McGlasson, of Waco, Tex., for appellant.

W. W. Naman, of Waco, Tex., and Chas. I. Francis, of Houston, Tex., for appellees.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit, of which this controversy is a part, has, in its progress into and out of the federal court, presented a series of anomalous situations. First. Its removal into the federal court upon the ground of a separable controversy on the petition of the United States Fidelity & Guaranty Company, defendant in what is called the city's cross-action. The anomaly here is in the claim that this so-called cross-action, ancillary and incident...

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