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FIDELITY STATE BANK v. CENTRAL SURETY & INS. CORP.

No. 5162.

228 F.2d 654 (1955)

The FIDELITY STATE BANK, a corporation, Appellant, v. CENTRAL SURETY AND INSURANCE CORPORATION, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

November 29, 1955.

Attorney(s) appearing for the Case

Daniel R. Hopkins, Garden City, Kan. (W. F. Lilleston, George Stallwitz, Ralph M. Hope, Richard W. Stavely, Wichita, Kan., Logan N. Green, Ray H. Calihan, Garden City, Kan., on the brief), for appellant.

Lawrence Weigand, Wichita, Kan., and Martin J. Purcell, Kansas City, Mo. (Claude I. DePew, Wichita, Kan., and R. L. Hecker, Kansas City, Mo., on the brief), for appellee.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

This case is one of many to reach this court as a result of the bankruptcy of the Garden Grain & Seed Company of Garden City, Kansas. Central Surety and Insurance Corporation brought this action to obtain a determination of its liability under various bonds which it executed covering the faithful performance of the bankrupt as a public warehouseman under the provisions of Chapter 34 of the General...

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