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ALBERTY v. WESTERN SURETY COMPANY

No. 5640.

249 F.2d 537 (1957)

Opal May ALBERTY, Appellant, v. WESTERN SURETY COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

November 7, 1957.

Attorney(s) appearing for the Case

W. R. Wallace, Jr., Oklahoma City, Okl. (Rex Perkins, Fayetteville, Ark., Earl Youree, Wagner, Okl., Looney, Watts, Looney & Nichols, Anna B. Otter, Oklahoma City, Okl., were with him on the brief), for appellant.

Richard D. Hall, Denver, Colo. (Yegge, Bates, Hall & Shulenburg, Denver, Colo., and Bliss & Bliss, Tahlequah, Okl., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and BREITENSTEIN, Circuit Judges.

BRATTON, Chief Judge.

Opal May Alberty, acting for herself and her two minor children, instituted this action in the United States Court for Eastern Oklahoma against Western Surety Company to recover judgment upon two official bonds of the sheriff of Adair County, Oklahoma, each in the sum of $2,000. Jurisdiction was predicated upon diversity of citizenship with the requisite amount in controversy. It was alleged in the amended complaint that Chester Crittenden was...

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