VILLAGE OF BROOKFIELD v. PENTIS

No. 6604.

101 F.2d 516 (1939)

VILLAGE OF BROOKFIELD v. PENTIS et al.

Circuit Court of Appeals, Seventh Circuit.

January 4, 1939.


Attorney(s) appearing for the Case

Otis F. Glenn and Raymond G. Real, both of Chicago, (Harold E. Baily, of Chicago, Ill., of counsel), for appellant.

Charles Center Case and Raymond Canaday, both of Chicago, Ill., for appellee James C. Pentis.

Frederic Burnham, David F. Rosenthal, and Frank D. Mayer, all of Chicago, Ill., for appellee American Bonding Co., of Baltimore.

Egbert Robertson and Henry L. McIntyre, both of Chicago, Ill., for appellee United States Fidelity & Guaranty Co.

Louis L. Dent, George M. Weichelt, and John P. Hampton, all of Chicago, Ill., for appellee National Surety Corporation.

Before SPARKS and TREANOR, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Plaintiff, a municipal corporation organized under the laws of Illinois, appeals from an order dismissing, upon joint motion of all defendants, its third amended bill of complaint.

Plaintiff's averments were in substance as follows: Pentis was the village treasurer from May, 1927 to April, 1929, and again from May, 1930 to April, 1934. For the year 1927 the treasurer, as principal, and defendant American Bonding Company, as surety...

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