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AMERICAN SURETY CO. OF NEW YORK v. FIRST NAT. BANK

No. 6285.

96 F.2d 813 (1938)

AMERICAN SURETY CO. OF NEW YORK v. FIRST NAT. BANK OF ASHLEY.

Circuit Court of Appeals, Third Circuit.

April 29, 1938.

Attorney(s) appearing for the Case

Welles, Mumford & McGrath and C. H. Welles, all of Scranton, Pa., and James M. Magee, and E. W. Arthur, both of Pittsburgh, Pa., for appellant.

M. F. McDonald and Thomas F. Farrell, both of Wilkes-Barre, Pa., and Reese H. Harris (of O'Malley, Hill, Harris & Harris), of Scranton, Pa., for appellee.

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

DAVIS, Circuit Judge.

Designating the parties as they stood in the District Court, the plaintiff has appealed from an order of the District Court dismissing its bill in equity in which it sought to be subrogated to certain alleged rights of the borough of Ashley, school district of Ashley, and county of Luzerne, Pa., hereinafter called the tax districts, against the defendant.

There are two questions at issue. The first one is whether or not the tax districts...

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