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AMERICAN SURETY CO. OF NEW YORK v. MARSHALL

No. 386.

30 F.Supp. 588 (1939)

AMERICAN SURETY CO. OF NEW YORK v. MARSHALL et al.

District Court, W. D. Missouri, W. D.

December 28, 1939.

Attorney(s) appearing for the Case

Winger, Reeder & Barker, of Kansas City, Mo., for plaintiff.

John T. Barker, Frank Brockus, Fred A. Bredehoft, and Robert B. Vaughan, all of Kansas City, Mo., for defendants.

OTIS, District Judge.

Defendant Nuhn was sheriff of Macon County, Missouri. He was required to and did give a faithful performance bond with plaintiff as surety. Defendants Marshall and Clay sued Nuhn and plaintiff on the bond in a state court (Nuhn as principal and plaintiff as surety). Thereafter the present action (a suit for declaratory judgment, to require Marshall and Clay to interplead, and for exoneration from Nuhn...

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