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MARYLAND CASUALTY CO. v. WALDREP

No. 2328.

126 F.2d 555 (1942)

MARYLAND CASUALTY CO. v. WALDREP et al.

Circuit Court of Appeals, Tenth Circuit.

March 3, 1942.

Attorney(s) appearing for the Case

Hal C. Thurman, of Oklahoma City, Okl. (Harold C. Thurman, of Oklahoma City, Okl., on the brief) for appellant.

Kenneth Abernathy, of Shawnee, Okl., and Wendell G. Stockton, of Oklahoma City, Okl. (G. C. Abernathy, of Shawnee, Okl., Paul Updegraff, of Norman, Okl., and R. C. Arrington, J. B. Miller, and Shelton Skinner, all of Shawnee, Okl., and Owen F. Renegar, of Oklahoma City, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

The appeal in this case presents the question of the liability of the surety on a guardian's bond. In August, 1929, the county court of Pottawatomie County, Oklahoma, appointed John H. Merkle guardian of the estates of Una, Dora, Irene, and Alva Hembree, minors, to succeed a former guardian, and fixed his bond at $10,000. Merkle gave the required bond with the Fidelity Union Casualty Company as surety and otherwise qualified; in September,...

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