STATE OF MISSOURI v. FIDELITY & CASUALTY CO.

No. 11434.

107 F.2d 343 (1939)

STATE OF MISSOURI ex rel. and to Use of DE VAULT v. FIDELITY & CASUALTY CO. OF NEW YORK.

Circuit Court of Appeals, Eighth Circuit.

November 8, 1939.


Attorney(s) appearing for the Case

Oscar B. Elam, of Kansas City, Mo., for appellant.

Ben W. Swofford, of Kansas City, Mo. (Mitchel J. Henderson and Thomas E. Deacy, both of Kansas City, Mo., on the brief), for appellee.

Before THOMAS and VAN VALKENBURGH, Circuit Judges, and DEWEY, District Judge.


DEWEY, District Judge.

Suit was brought by the above named relator against the defendant as surety on a fidelity bond given by James L. Williams, sheriff, for certain acts of the sheriff, his deputies and others, which relator alleges constituted a conspiracy resulting in his injury and damage.

The trial court sustained a motion to dismiss on the ground that the amended complaint did not state facts upon which relief could be granted. From this order and for...

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