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ENGEBRETSON v. WEST

Nos. 11590, 11591.

111 F.2d 528 (1940)

ENGEBRETSON v. WEST et al. SAME v. MARCELL et al. In re BRICTSON MFG. CO.

Circuit Court of Appeals, Eighth Circuit.

May 6, 1940.

Attorney(s) appearing for the Case

M. E. Culhane, of Minneapolis, Minn. (Olaf Eidem, of Brookings, S. D., and William M. Giller, of Omaha, Neb., on the brief), for appellant.

David A. Fitch, of Omaha, Neb. (Gale B. Braithwaite, of Sioux Falls, S. D., on the brief), for appellees Ralph M. West and Aetna Casualty & Surety Co.

Clinton Brome, of Omaha, Neb. (U. S. G. Cherry and Gale B. Braithwaite, both of Sioux Falls, S. D., on the brief), for appellees John T. Marcell, Harry S. Byrne, and Fidelity & Deposit Co. of Maryland.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

These are appeals from two judgments dismissing actions brought by appellant as plaintiff, one being brought against appellees Ralph M. West and the Aetna Casualty and Surety Company, a corporation, No. 11,590, and the other brought against appellees John T. Marcell, Harry S. Byrne and Fidelity and Deposit Company of Maryland, a corporation, No. 11,591, each action being brought to recover on a fidelity bond. The actions were consolidated for...

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