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UNITED STATES FIDELITY & GUAR. CO. v. CITY OF ASHEVILLE

No. 3995.

85 F.2d 966 (1936)

UNITED STATES FIDELITY & GUARANTY CO. v. CITY OF ASHEVILLE, N. C.

Circuit Court of Appeals, Fourth Circuit.

October 6, 1936.

Attorney(s) appearing for the Case

Edwin S. Hartshorn, of Asheville, N. C., and L. R. Varser, of Lumberton, N. C. (Francis J. Heazel, George A. Shuford and Heazel, Shuford & Hartshorn, all of Asheville, N. C., on the brief), for appellant.

A. Hall Johnston, of Asheville, N. C. (Philip C. Cocke, Jr., and Johnston & Horner, all of Asheville, N. C., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

PARKER, Circuit Judge.

This is a suit instituted by the United States Fidelity & Guaranty Company to enforce by way of subrogation a promise of the city of Asheville, N. C., to pay a note of $50,000 executed by Dr. William Ray Griffin, which the city agreed to pay in the settlement of an award of damages made to Dr. Griffin in a condemnation proceeding. This note was secured by deed of trust on land belonging to Dr. Griffin which was condemned by the city. Dr...

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