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STATE v. UNITED STATES FIDELITY & GUARANTY CO.

No. 10463.

193 F.2d 47 (1951)

STATE ex rel. SIDENFADEN v. UNITED STATES FIDELITY & GUARANTY CO.

United States Court of Appeals Seventh Circuit.

December 4, 1951.

Attorney(s) appearing for the Case

Ben Copple, Milroy R. Blowitz, Chicago, Ill., for appellant.

George Fiedler, Thomas Amberg and Daniel R. Labar, all of Chicago, Ill. (Fiedler & Amberg, Chicago, Ill., of counsel), for appellee.

Before MAJOR, Chief Judge, DUFFY and LINDLEY, Circuit Judges.

MAJOR, Chief Judge.

This suit, commenced by the filing of the complaint in the Superior Court of Cook County, Illinois, on July 7, 1949, was removed, on motion of the defendant, to the United States District Court for the Northern District of Illinois, Eastern Division. The District Court, on June 15, 1951, entered judgment dismissing the complaint with prejudice on two grounds, (1) that the plaintiff did not have a right to sue on the bonds declared upon inasmuch...

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