FIDELITY & DEPOSIT CO. v. PORT OF SEATTLE

No. 9054.

106 F.2d 777 (1939)

FIDELITY & DEPOSIT CO. OF MARYLAND v. PORT OF SEATTLE.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied November 27, 1939.


Attorney(s) appearing for the Case

Grinstead, Laube & Laughlin and Arthur Grunbaum, all of Seattle, Wash., for appellant.

G. W. Hamilton, Atty. Gen. of Washington, L. C. Brodbeck, Asst. Atty. Gen., and Fairbrook & Williams, Glenn J. Fairbrook, and David J. Williams, all of Seattle, Wash., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.


STEPHENS, Circuit Judge.

An appeal was taken from a judgment of the district court in an action brought by appellee Port of Seattle on a bond issued by appellant surety company. The action was commenced in the Superior Court of the State of Washington, and was removed to the district court on the ground of diversity of citizenship. It was there tried by the court after a jury had been waived. Written findings of fact and conclusions of law were made and judgment was...

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