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

Nos. 7119, 7120.

88 F.2d 915 (1937)

UNITED STATES FIDELITY & GUARANTY CO. et al. v. CITY OF CLEVELAND (two cases).

Circuit Court of Appeals, Sixth Circuit.

March 10, 1937.

Attorney(s) appearing for the Case

C. M. Horn and C. W. Sellers, both of Cleveland, Ohio (Thompson, Hine & Flory, McKeehan, Merrick, Arter & Stewart, and W. B. Stewart, all of Cleveland, Ohio, on the brief), for appellants.

Alfred Clum and H. F. Burns, both of Cleveland, Ohio (Alfred Clum, Gordon C. Locke, and Chas. W. White, all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS and ALLEN, Circuit Judges, and LEDERLE, District Judge.

LEDERLE, District Judge.

The questions involved in these two cases are the same, and they were heard together. The District Court entered a decree ordering the appellants to make good losses sustained by the City of Cleveland because of the failure of two trust companies where city funds were on deposit. The facts are not in dispute.

The city entered into a contract with the Union Trust Company, of Cleveland, for the deposit of public funds under the control...

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