HOLMES, Circuit Judge.
A jury being waived, this case was tried by the judge. The record presents a very narrow inquiry. It relates to the liability of a surety for alleged losses sustained by a corporate employer through the payment to shareholders of dividends from capital assets derived from the sale of stock, when there had been no net earnings. Final judgment was rendered for the face of the bond, and the surety appeals. We are limited to an examination of the...
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