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AMERICAN SURETY CO. v. CITY OF AKRON

No. 7270.

95 F.2d 966 (1938)

AMERICAN SURETY CO. OF NEW YORK et al. v. CITY OF AKRON et al.

Circuit Court of Appeals, Sixth Circuit.

As Modified on Denial of Rehearing May 3, 1938.

Attorney(s) appearing for the Case

P. C. Weick, of Akron, Ohio, and C. M. Vrooman, of Cleveland, Ohio (Weick, Powers & Mason, of Akron, Ohio, and Garfield, Cross, Daoust, Baldwin & Vrooman and McKeehan, Merrick, Arter & Stewart, all of Cleveland, Ohio, on the brief), for appellants.

Gillum H. Doolittle and H. L. Mull, both of Akron, Ohio (John W. Bricker, of Columbus, Ohio, and Wade DeWoody and Byron H. Larabee, both of Akron, Ohio, on the brief), for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

The city of Akron, Ohio, and the trustees of its sinking fund filed suit against six surety companies for recovery of $39,743.23, with interest, which represented the city's balance on deposit in the First-Central Trust Company at the time of its insolvency. The superintendent of banks of Ohio was later made a party defendant. The action was tried in the District Court upon written waiver of jury trial.

The trustees of the sinking fund...

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