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AMERICAN SURETY CO. OF NEW YORK v. FRANCISCUS

No. 12152.

127 F.2d 810 (1942)

AMERICAN SURETY CO. OF NEW YORK v. FRANCISCUS et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 5, 1942.

Attorney(s) appearing for the Case

Henry Davis, of St. Louis, Mo. (Bryan, Williams, Cave & McPheeters, of St. Louis, Mo., on the brief), for appellant.

Roland F. O'Bryen, of St. Louis, Mo. (Fred L. Williams, Fred L. English, and Richard S. Jones, all of St. Louis, Mo., on the brief), for appellees.

Before GARDNER, THOMAS, and RIDDICK, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal from a judgment in favor of the statutory trustees for the Franciscus Realty Company, plaintiffs below, against the American Surety Company of New York, defendant below, for damages in the sum of $17,378.11 with interest, and for an attorney's fee for plaintiffs' attorneys in the sum of $1,500, with costs.

The suit in which the judgment complained of was rendered was brought to recover damages for the alleged breach...

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