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FIDELITY & DEPOSIT CO. v. ABERDEEN NAT. BANK & TRUST CO.

No. 11984.

124 F.2d 973 (1942)

FIDELITY & DEPOSIT CO. OF MARYLAND v. ABERDEEN NAT. BANK & TRUST CO.

Circuit Court of Appeals, Eighth Circuit.

January 19, 1942.

Attorney(s) appearing for the Case

Hugh Agor, of Aberdeen, S. D. (Lester T. Van Slyke and Earl B. Harkin, both of Aberdeen, S. D., and Ralph O. Barnett, of Baltimore, Md., on the brief), for appellant.

Clark R. Fletcher, of Minneapolis, Minn. (Donald West, of Minneapolis, Minn., R. F. Williamson, of Aberdeen, S.D., and Fletcher, Dorsey, Barker, Colman & Barber, of Minneapolis, Minn., on the brief), for appellee.

Before SANBORN and JOHNSEN, Circuit Judges, and NORDBYE, District Judge.

NORDBYE, District Judge.

The Fidelity and Deposit Company of Maryland appeals from the judgment dismissing with prejudice the above-entitled action and awarding costs and disbursements to the appellee. The parties will be referred to as in the trial court.

The plaintiff is engaged in the business of writing fidelity and surety bonds. The defendant is a national bank located at Aberdeen, South Dakota. Since January 10, 1927, one Marie Brown had been Treasurer...

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