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CITY OF SCRANTON v. ÆTNA CASUALTY & SURETY CO.

No. 6514.

94 F.2d 941 (1938)

CITY OF SCRANTON v. ÆTNA CASUALTY & SURETY CO.

Circuit Court of Appeals, Third Circuit.

February 8, 1938.

Attorney(s) appearing for the Case

Jerome I. Myers, and John R. Edwards, both of Scranton, Pa., for appellant.

Reese H. Harris, and O'Malley, Hill, Harris & Harris, all of Scranton, Pa., for appellee.

Before BUFFINGTON, and DAVIS, Circuit Judges, and DICKINSON, District Judge.

BUFFINGTON, Circuit Judge.

In this case it appears that George Deckelnick was treasurer of the City of Scranton and gave a bond to the city with the Ætna Casualty & Surety Company as surety, conditioned that he "shall pay over to the persons authorized by law to receive the city's money that may come into his hands during said term as provided by law." By Act of March 7, 1901, P.L. 20, art. 7, 53 P.S.Pa. § 8795, the state of Pennsylvania, as applicable...

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