UNITED STATES v. NATIONAL SURETY CO.

Nos. 909, 910.

34 F.Supp. 257 (1938)

UNITED STATES v. NATIONAL SURETY CO. SAME v. TOWNER.

District Court, D. Montana.

September 8, 1938.


Attorney(s) appearing for the Case

John B. Tansil, U. S. Atty., of Billings, Mont., for plaintiff.

Stewart & Brown, of Helena, Mont., for defendant National Surety Co.

Geo. E. Hurd, of Great Falls, Mont., for defendant Wellington S. Towner.


PRAY, District Judge.

It was stipulated by counsel in both of the above-entitled causes that the issues of fact be tried and determined by the court without the intervention of a jury, in accordance with Section 773 of Title 28 U.S.C.A., and, accordingly, both cases were tried in that manner and at the same time. The result in the Towner case, under the pleadings, would determine the result in the case of the Surety Company. The defendant Towner held a permit from...

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