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ATCHISON v. GULF REFINING CO.

No. 12621.

174 F.2d 476 (1949)

ATCHISON et al. v. GULF REFINING CO. et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 22, 1949.

Attorney(s) appearing for the Case

Sam Monk Zelden, New Orleans, La., for appellants.

Marian Mayer, New Orleans, La., Frederick E. Greer, Melvin Evans, Shreveport, La., for appellee.

Before HUTCHESON, SIBLEY, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This is an action in tort by appellants against appellees for the alleged wrongful acts of their employees. One of the appellees is sued as the surety of the sheriff, who was not made a party defendant. We agree with the court below that the surety on a sheriff's bond cannot be sued without joining the principal if the latter has not been sued, is solvent, and is accessible to suit; but the court not only dismissed the action as to the surety...

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