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GREAT AMERICAN INDEMNITY CO. v. FIRST NAT. BANK

No. 1731.

100 F.2d 763 (1938)

GREAT AMERICAN INDEMNITY CO. v. FIRST NAT. BANK OF HOLDENVILLE, OKL.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 25, 1939.

Attorney(s) appearing for the Case

J. D. DeBois and George C. Abernathy, both of Oklahoma City, Okl. (Edward Howell, of Oklahoma City. Okl., on the briefs), for appellant.

John Brett, of Oklahoma City, Okl. (Lloyd J. Mullen, of Oklahoma City, Okl., and Tom Anglin and Alfred Stevenson, both of Holdenville, Okl., on the brief), for appellee.

Before LEWIS, PHILLIPS, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

On January 16, 1931, D. D. Mathis, as principal, and Great American Indemnity Company, as surety, executed a bond to the state of Oklahoma in the penal sum of $100,000, conditioned that Mathis as executor of the estate of Lillian D. Walker, deceased, should faithfully execute the duties of his trust according to law.

On December 15, 1936, C. C. Stanford, administrator with the will annexed...

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