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HOLLEY COAL CO. v. GLOBE INDEMNITY CO.

No. 6168.

186 F.2d 291 (1950)

HOLLEY COAL CO. v. GLOBE INDEMNITY CO.

United States Court of Appeals Fourth Circuit.

Decided December 27, 1950.

Attorney(s) appearing for the Case

Roy S. Samms, Jr., Charleston, W. Va., and Bernard J. Pettigrew, Jr., Charleston, W. Va., for appellant.

Robert W. Lawson, Jr., Charleston, W. Va. (Stanley C. Morris and Steptoe & Johnson, Charleston, W. Va., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This civil action was instituted in the Circuit Court of Kanawha County, West Virginia, by Holley Coal Company (hereinafter called Holley Company) for the purpose of recovery on an indemnity bond in the penalty of $10,000.00, theretofore issued by defendant Globe Indemnity Company (hereinafter called Globe), covering losses incurred during 1947 and 1948 through the alleged defalcation of Holley Company's employees. On motion of defendant Globe...

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