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CACEY v. VIRGINIAN RY. CO.

No. 4048.

85 F.2d 976 (1936)

CACEY et al. v. VIRGINIAN RY. CO.

Circuit Court of Appeals, Fourth Circuit.

October 6, 1936.

Attorney(s) appearing for the Case

Joseph M. Sanders, of Bluefield, W. Va. (Walter G. Burton, of Princeton, W. Va., and Franklin K. Day, Jr., of Bluefield, W. Va., on the brief), for appellants.

John R. Pendleton, of Princeton, W. Va. (W. H. T. Loyall and W. C. Plunkett, both of Norfolk, Va., on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and MYERS, District Judge.

NORTHCOTT, Circuit Judge.

This is an action at law, in assumpsit, brought by the appellee, a Virginia corporation, herein referred to as the plaintiff, against the appellants, citizens of the state of West Virginia, herein referred to as the defendants, in the District Court of the United States for the Southern District of West Virginia, to recover, under an indemnity agreement executed by the defendants, the amount of a judgment paid by the plaintiff to one Okley...

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