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WESTGATE v. MARYLAND CASUALTY CO.

Nos. 9832, 9833.

147 F.2d 177 (1945)

WESTGATE v. MARYLAND CASUALTY CO. MARYLAND CASUALTY CO. v. WESTGATE.

Circuit Court of Appeals, Sixth Circuit.

February 7, 1945.

Attorney(s) appearing for the Case

Earl Waring Dunn, of Grand Rapids, Mich., for appellant and cross-appellee Bertha L. Westgate.

Paul E. Cholette and Stanley Cheff, both of Grand Rapids, Mich. (Alexander, McCaslin, Cholette & Buchanan, of Grand Rapids, Mich., on the brief), for appellee and cross-appellant Maryland Casualty Co.

Before HICKS, ALLEN and MARTIN, Circuit Judges.

HICKS, Circuit Judge.

Civil action by Maryland Casualty Company against Bertha L. Westgate, herein called Mrs. Westgate. The complaint contained five counts. In the first it was alleged that Elmore Westgate, herein called Westgate, and Mrs. Westgate were each the owners of a one-half interest in the Direct Refineries Stations business; that Howard K. Drake as the agent of Mrs. Westgate applied to plaintiff, herein called Surety Company, for a bond running to the State...

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