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AMERICAN CAS. CO. OF READING PA. v. LINE MATERIALS INDUS.

No. 7451.

332 F.2d 393 (1964)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation, Appellant, v. LINE MATERIALS INDUSTRIES, a division of McGraw-Edison Company, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 29, 1964.

Attorney(s) appearing for the Case

Mary C. Walters, Albuquerque, N. M. (McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, N. M., on the brief), for appellant.

Owen B. Marron, of Marron & Houk, Albuquerque, N. M., for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

This action was brought in the court below by the appellant, American Casualty Company, to recover from the appellee, Line Materials Industries, a sum of money paid to it on February 12, 1960. Judgment was entered dismissing the complaint and this appeal resulted.

The facts were stipulated and may be summarized as follows: On August 29, 1959, the appellant surety company, through one of its agents...

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