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CITY OF CANTON, S. D. v. TINAN

No. 11323.

104 F.2d 961 (1939)

CITY OF CANTON, S. D., v. TINAN.

Circuit Court of Appeals, Eighth Circuit.

June 26, 1939.

Attorney(s) appearing for the Case

Alan Bogue, of Parker, S. D., and Harold Bogue, of Canton, S. D. (Harrison J. Brown, of Canton, S. D., on the brief), for appellant.

Frank Wickhem, of Sioux Falls, S. D., for appellee.

Before GARDNER and WOODROUGH, Circuit Judges, and OTIS, District Judge.

WOODROUGH, Circuit Judge.

The receiver of the First National Bank of Canton holds certain special assessment paving bonds issued by the City of Canton, South Dakota, to the contractor who laid the paving in Street Paving District Number 9. There were defaults in payment of principal and interest due, and the receiver brought this civil action against the city, claiming that the city had failed to have the delinquencies which occurred in the collection of the assessments...

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