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PARK NAT. BANK v. TRAVELERS INDEMNITY CO.

No. 5771.

90 F.Supp. 275 (1950)

PARK NAT. BANK OF KANSAS CITY v. TRAVELERS INDEMNITY CO.

United States District Court W. D. Missouri, W. D.

May 10, 1950.

Attorney(s) appearing for the Case

Charles E. Whittaker, Watson, Ess, Whittaker, Marshall & Enggas, Kansas City, Mo., for plaintiff.

Alvin C. Trippe, Hogsett, Trippe, Depping, Houts & James, Kansas City, Mo., for defendant.

REEVES, Chief Judge.

This is an action on a Performance Bond executed by the defendant as surety on September 30, 1946. The plaintiff has sued, not as an obligee on said bond, but as a "successor" of the owner of property located at 4501 Lloyd Avenue in Kansas City, Wyandotte County, Kansas.

The circumstances are substantially as follows: One Roebrt K. Berkus, Jr., and Mary K. Berkus, his wife, contemplated the purchase of the property as above described,...

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