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UNITED STATES FIDELITY & GUARANTY CO. v. WELLFORD

Nos. 9201, 9202.

157 F.2d 441 (1946)

UNITED STATES FIDELITY & GUARANTY CO. v. WELLFORD. MOREY v. SAME.

United States Court of Appeals District of Columbia.

Decided June 28, 1946.

Attorney(s) appearing for the Case

Mr. Thomas S. Jackson, of Washington, D. C., with whom Messrs. Louis M. Denit, A. Leckie Cox and Coleman L. Diamond, all of Washington, D. C., were on the brief, for appellant, United States Fidelity and Guaranty Company.

Mr. Rudolph B. Behrend, of Washington, D. C., with whom Mr. Levi H. David of Washington, D. C., was on the brief, for appellant, Morey.

Mr. Richard E. Wellford, of Washington, D. C., with whom Mr. John D. Sadler, of Washington, D. C., was on the brief, for appellee.

Before EDGERTON, CLARK and PRETTYMAN, Associate Judges.

CLARK, Associate Justice.

This is an appeal from a judgment of the District Court which fixed liability on the basis of the report of its auditor establishing the amount of shortage existing on the final accounting of two related trusts.

This is the second time these cases have been before this court. In cases No. 8554 and No. 8555, decided March 13, 1944,1 it was determined that the trial court had prematurely set the amount of...

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