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UNITED STATES v. UNITED STATES FIDELITY & GUARANTY CO.

No. 1854.

106 F.2d 804 (1939)

UNITED STATES v. UNITED STATES FIDELITY & GUARANTY CO. et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied November 8, 1939.

Attorney(s) appearing for the Case

William R. Sherwood, of Washington, D. C. (Charles E. Collett, Acting Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., of Muskogee, Okl., Charles W. Leaphart, Sp. Asst. to Atty. Gen., and Thomas Harris, of Washington, D. C., on the brief), for the United States.

Bower Broaddus, of Muskogee, Okl. (Julian B. Fite, of Muskogee, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

The Choctaw and Chickasaw Nations, pursuant to authority conferred by the Act of June 28, 1898, 30 Stat. 495, executed two separate coal and asphalt leases covering certain tribal lands. The United States Fidelity and Guaranty Company became surety on the bond given by the lessee for the faithful performance of its obligations contained in the leases. Central Coal and Coke Company, a corporation organized under the laws of Missouri, acquired...

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