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PACIFIC INDEMNITY COMPANY v. WYREMBEK

No. 57-C-187.

183 F.Supp. 252 (1960)

PACIFIC INDEMNITY COMPANY, a corporation, Plaintiff, v. J. E. WYREMBEK, a/k/a Joseph E. Wyrembek, Sr., Defendant.

United States District Court E. D. Wisconsin.

April 11, 1960.

Attorney(s) appearing for the Case

Suel O. Arnold and James T. Murray, Milwaukee, Wis. (Arnold, Philipp & Murray, Milwaukee, Wis., of counsel), for plaintiff.

Jack J. Gimbel, Milwaukee, Wis., for defendant.

GRUBB, District Judge.

This is an action on a contract of indemnity executed by defendant as indemnitor and plaintiff as surety at Albuquerque, New Mexico, on January 31, 1951. Jurisdiction is based on diversity of citizenship, plaintiff being a California corporation and defendant being a citizen of Wisconsin.

Prefatory recitals of the contract in question reveal that the indemnitor requested Pacific Indemnity Company to execute or continue a certain performance...

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