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SEABOARD SURETY CO. v. STATE OF NORTH DAKOTA

Civ. No. 1738.

94 F.Supp. 177 (1950)

SEABOARD SURETY CO. v. STATE OF NORTH DAKOTA et al.

United States District Court, D. North Dakota. S. W. D.

November 9, 1950.

Attorney(s) appearing for the Case

Cox, Cox, Pearce & Engebretsen, Bismarck, N. D., for plaintiff.

Nels G. Johnson, Bismarck, N. D., for defendant State Highway Department of North Dakota.

Hyland & Foster, Bismarck, N. D., and Strutz, Jansonius & Fleck, Bismarck, N. D., for defendant Dakota Nat. Bank of Bismarck, N. D.

VOGEL, District Judge.

This is an action for the recovery of money. The Seabord Surety Company, a corporation, hereafter referred to as the "surety", is plaintiff. The State of North Dakota and the Highway Department of the State of North Dakota, together referred to here as "The State of North Dakota", and Dakota National Bank of Bismarck, North Dakota, hereafter called the "bank", are defendants. Diversity of citizenship and more than the statutory amount are involved...

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