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FIDELITY AND DEPOSIT CO. OF MARYLAND v. RUSSELL

No. 14678.

265 F.2d 350 (1959)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation, Appellant, v. Mary W. RUSSELL, individually and as Conservator of the property of Ned Russell, also known as Edmund A. Russell, III, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 5, 1959.

Attorney(s) appearing for the Case

Mr. Lowry N. Coe, Washington, D. C., for appellant.

Mr. George E. McMurray, Jr., Washington, D. C., with whom Mr. John E. Shea, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, FAHY and DANAHER, Circuit Judges.

PER CURIAM.

The surety company appeals from an order granting summary judgment for the appellee. Appellant had sought a declaratory judgment that the District Court was without power to order cancellation of a conservator's bond and to approve a substitute surety at the expiration of the first year for which a premium had been paid. Appellant asked also that the court declare the bond in the amount of $565,000 to have remained in full force and effect and that the...

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