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FIDELITY & DEPOSIT CO. OF MARYLAND v. KROUT

No. 84.

146 F.2d 531 (1945)

FIDELITY & DEPOSIT CO. OF MARYLAND v. KROUT et al.

Circuit Court of Appeals, Second Circuit.

January 5, 1945.

Attorney(s) appearing for the Case

Rubinton & Coleman, of Brooklyn, N. Y. (Leonard Acker, of Brooklyn, N. Y., of counsel), for appellant.

Stewart Maurice, of New York City, for Fidelity & Deposit Co. of Maryland.

Harold S. Fleischer, of New York City, for respondent.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

This action was brought in the District Court for the Eastern District of New York by the plaintiff, a Maryland corporation, against defendants Krout and Leiter, both of them residents of the Eastern District, and against Meadowbrook Farms, Inc., a New Jersey corporation. As the latter was not served with process and did not appear, the suit was discontinued as to it.

The plaintiff sought to recover $3,500 which it had paid to the First...

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