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KETTERER v. UNITED STATES FIDELITY & GUARANTY CO.

No. 7007.

84 F.2d 736 (1936)

KETTERER v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Sixth Circuit.

June 30, 1936.

Attorney(s) appearing for the Case

Henry Eastman Hackney and H. M. Buck, both of Uniontown, Pa. (Richard D. Bovington, of Cleveland, Ohio, Orville Brown, of New Castle, Pa., and Henry E. Hackney, Jos. W. Ray, Jr., and Shelby, Hackney & Ray, all of Uniontown, Pa., on the brief), for appellant.

C. M. Horn, of Cleveland, Ohio (McKeehan, Merrick, Arter & Stewart and F. J. Perkins, all of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

The United States Fidelity & Guaranty Company as surety on the bond of a county treasurer in Pennsylvania having reimbursed the county for loss of funds on deposit with the now defunct Citizens National Bank of Ellwood City, Pa., sought to impress an equitable lien on securities of the insolvent bank pledged with a Cleveland bank to secure loans. The right of the surety to be subrogated to the claim of the treasurer is conceded. The Cleveland...

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