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ST. PAUL FIRE & MARINE INS. CO. v. TOWN OF MONONGAH, W. VA.

Civ. A. Nos. 674-F, 1045-W-a.

209 F.Supp. 514 (1962)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation, Plaintiff, v. TOWN OF MONONGAH, WEST VIRGINIA, a West Virginia municipal corporation; Robert Nichols, Mayor of the Town of Monongah; Betty Efaw, Recorder of the Town of Monongah; William O. Johnson, Treasurer of the Town of Monongah; and Grover C. Cochran, Marion Mathews, Andy Stevenski, Elmer Rauer and Junior Nick Jacobin, Members of the Council of the Town of Monongah, Defendants.

United States District Court N. D. West Virginia, at Wheeling.

June 1, 1962.

Attorney(s) appearing for the Case

James M. Guiher and Oscar J. Andre, Clarksburg, W. Va. (Steptoe & Johnson, Clarksburg, W. Va., of counsel), for plaintiff.

Frank C. Mascara, Fairmont, W. Va., for defendants.

CHARLES F. PAUL, District Judge.

This action is brought by the plaintiff, as the owner and holder of 84 bonds, each in the principal amount of $1,000.00, dated November 1, 1958, and entitled "Town of Monongah, Waterworks Revenue Bond, Fourth Series", and maturing at various dates beginning May 1, 1970, and ending May 1, 1983. There has been no default in the payment of interest, but plaintiff alleges that there has been a default in the full performance of obligations...

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