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UNITED STATES v. NATIONAL SURETY CORPORATION

No. 11347.

103 F.2d 450 (1939)

UNITED STATES for Use and Benefit of MIDLAND LOAN FINANCE CO. v. NATIONAL SURETY CORPORATION et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 10, 1939.

Attorney(s) appearing for the Case

Benedict Deinard, of Minneapolis, Minn. (George B. Leonard, of Minneapolis, Minn., on the brief), for appellant.

Pierce Butler, Jr., of St. Paul, Minn. (Michael J. Doherty and Robert O. Sullivan, both of St. Paul, Minn., on the brief), for appellee National Surety Corporation.

George T. Havel, of Le Center, Minn., for appellee Patrick J. Malone.

Before SANBORN, THOMAS, and VAN VALKENBURGH, Circuit Judges.

THOMAS, Circuit Judge.

On this appeal a single question of law is presented. It is: May a private sender of mail through the United States mails maintain an action, without the consent of the government, upon the official bond of an acting postmaster to recover consequential damages resulting from the delivery of mail to one other than the addressee without the written consent of the sender?

The lower court in an able and exhaustive opinion held that such...

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