MEDINA, District Judge.
Defendant herein moves under Rule 12 (b) (6), Federal Rules of Civil Procedure, 28 U.S.C.A. to dismiss plaintiff's second "cause of action" for failure to state a claim upon which relief may be granted.
Plaintiff's two claims arise out of a bond and agreement of indemnity in the amount of $10,000, issued by defendant to plaintiff, whereby defendant agreed to indemnify plaintiff against loss consequent upon the dishonesty or default...
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