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COMMERCIAL INSURANCE CO. OF NEWARK, N. J. v. WATSON

No. 5842.

261 F.2d 143 (1958)

COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY, Appellant, v. Ed H. WATSON, Roger Rasmussen, Samuel Ruiz, D.D.S., Juana Ruiz, M.D., George H. L. Kuper, European Motor Import Company, Inc., a corporation, and Joseph R. Ferreri, Appellees.

United States Court of Appeals Tenth Circuit.

October 31, 1958.

Attorney(s) appearing for the Case

Leslie D. Ringer, Santa Fe, N. M., for appellant.

Frank B. Zinn, Santa Fe, N. M. (Dean S. Zinn, Santa Fe, N. M., on the brief), for appellee Ed H. Watson.

Joseph A. Sommer, Santa Fe, N. M., for appellees Samuel Ruiz, D.D.S., and Juana Ruiz, M.D.

William W. Gilbert, Santa Fe, N. M., for appellee European Motor Import Co.

Before MURRAH, PICKETT and BREITENSTEIN, Circuit Judges.

MURRAH, Circuit Judge.

The appellant, Commercial Insurance Company, issued its statutory motor vehicle dealer's bond in the penal sum of $5,000 to one Donald E. Powell to comply with the New Mexico statute, for a license to engage in the automobile business in Santa Fe, New Mexico. The bond was conditioned that Powell "* * * shall conduct his business as a dealer * * * of vehicles without fraud or fraudulent representation, and that said applicant shall pay losses...

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