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UNITED STATES v. GRANT

No. 11724.

237 F.2d 511 (1956)

UNITED STATES of America, Plaintiff-Appellant, v. Robert GRANT and Fidelity and Deposit Company of Maryland, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

October 15, 1956.

Attorney(s) appearing for the Case

John B. Stoddart, Jr., U. S. Atty., Springfield, Ill., George Cochran Doub, Asst. Atty. Gen., Robert S. Green, Atty., Civil Division, U. S. Dept. of Justice, Washington, D. C., Samuel D. Slade, Richard M. Markus, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Alton G. Hall, Henry R. Barber, Springfield, Ill., for defendant-appellee, Fidelity and Deposit Company of Maryland.

Before MAJOR, FINNEGAN and SCHNACKENBERG, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

From an order of the district court sustaining defendants' motion to dismiss plaintiff's amended complaint, on the ground that it fails to state a claim upon which relief can be granted, plaintiff appeals.

The controlling facts averred in the amended complaint are: defendant Grant (for whom no appearance has been filed in this court) was the duly appointed United States marshal for the Southern District of Illinois, and was subject...

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