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CITY OF AKRON v. FIDELITY & CASUALTY CO. OF NEW YORK

No. 9374.

136 F.2d 288 (1943)

CITY OF AKRON v. FIDELITY & CASUALTY CO. OF NEW YORK.

Circuit Court of Appeals, Sixth Circuit.

May 31, 1943.

Attorney(s) appearing for the Case

Clyde B. Macdonald and A. F. O'Neil, both of Akron, Ohio, for appellant.

Paul Clarke, of Cleveland, Ohio, for appellee.

Before SIMONS, HAMILTON, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

This litigation stems from the liquidation of The Commercial Bank and Trust Company of Akron, Ohio, in which the appellant, City of Akron, had deposited public funds, which, pursuant to the statutes of Ohio and the city ordinances, were protected by certain depository bonds executed and delivered by seven surety companies, including the appellee, Fidelity and Casualty Company of New York. The bank deposits of the City had been further protected...

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