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FIRST NAT. BANK IN WEST UNION, W. VA. v. AMERICAN SURETY CO. OF NEW YORK

No. 5330.

148 F.2d 654 (1945)

FIRST NAT. BANK IN WEST UNION, W. VA., v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Fourth Circuit.

April 2, 1945.

Attorney(s) appearing for the Case

Samuel A. Powell, of Harrisville, W. Va., for appellant.

Walter Higgins, of New York City, and Robert R. Wilson, of Clarksburg, W. Va. (Royal F. Shepard, of New York City, on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PER CURIAM.

This is the second appeal in the case which was before us in American Surety Co. v. First Nat. Bank, 4 Cir., 141 F.2d 411, where the facts are fully stated in the opinion. After remand the court below denied the petition of the bank to be allowed to file a supplemental answer pleading statutes of limitations and thereupon entered judgment for the surety company in the sum of $4,050 with interest from April 26, 1938, the...

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