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STATE OF INDIANA v. KILLIGREW

No. 7363.

117 F.2d 863 (1941)

STATE OF INDIANA ex rel. UNITED STATES v. KILLIGREW et al.

Circuit Court of Appeals, Seventh Circuit.

February 12, 1941.

Attorney(s) appearing for the Case

James R. Fleming, U. S. Atty., and Alexander M. Campbell, Asst. U. S. Atty., both of Fort Wayne, Ind., Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., Francis M. Shea, Asst. Atty. Gen., and A. B. Holman, of Washington, D. C., for appellant.

Ora L. Wildermuth and Russell H. Nehrig, both of Gary, Ind., for appellee.

Before MAJOR and KERNER, Circuit Judges, and BRIGGLE, District Judge.

MAJOR, Circuit Judge.

This is an appeal from a judgment, entered December 20, 1939, dismissing the complaint in an action brought in the name of the State of Indiana upon the relation of the United States against Alvina M. Killigrew, as principal, and United States Fidelity & Guaranty Company, as surety, to recover the unpaid balance of fees collected by the defendant Killigrew, Clerk of the Lake Circuit Court, Lake County, Indiana, and ex officio Clerk of the...

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