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TOWN OF HAMDEN v. AMERICAN SURETY CO.

No. 42.

93 F.2d 482 (1937)

TOWN OF HAMDEN v. AMERICAN SURETY CO.

Circuit Court of Appeals, Second Circuit.

December 20, 1937.

Attorney(s) appearing for the Case

Cummings & Lockwood, of Stamford, Conn. (Mark W. Norman, Raymond E. Hackett, and Francis K. Norman, all of Stamford, Conn., of counsel), for appellant.

Edwin A. Clark, F. Raymond Rochford, and Curtiss K. Thompson, all of New Haven, Conn., for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

This is an action by the Town of Hamden to recover the penalty of an official bond for $65,000 executed by Carle Van de Bogart, treasurer of the town, as principal, and by the defendant as surety. The bond was conditioned upon the treasurer's faithful performance of all the duties of his office for a term beginning October 5, 1931. The action was brought in a state court and was removed to the District Court on the ground of diverse citizenship...

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