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UNITED STATES v. WAGNER

No. 8476.

93 F.2d 77 (1937)

UNITED STATES v. WAGNER.

Circuit Court of Appeals, Ninth Circuit.

December 22, 1937.

Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., Sewall Key, Paul R. Russell, J. Leonard Lyons, and M. S. Zimmerman, Sp. Assts. to Atty. Gen., and Peirson M. Hall, U. S. Atty., and E. H. Mitchell and Alva C. Baird, Asst. U. S. Attys., all of Los Angeles, Cal., for the United States.

Claude I. Parker, John B. Milliken, J. Everett Blum, and Mills, Hunter & Dunn, all of Los Angeles, Cal., for appellees.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

MATHEWS, Circuit Judge.

This was an action by appellant on a bond executed by appellee Alma I. Wagner, executrix of the last will of Robert G. Wagner, deceased, as principal, and appellee United States Fidelity & Guaranty Company, as surety. Appellant prayed judgment for $19,401.64, with interest on $13,380.44 thereof at the rate of 6 per cent. per annum from August 26, 1933, to September 1, 1933, and at the rate of 1 per cent. a month from and after September...

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