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ATWOOD v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND

No. 15794.

379 F.2d 498 (1967)

Richard W. ATWOOD, by Alice B. Atwood, as Next Friend, and Alice B. Atwood, Individually and as Domiciliary Conservatrix of the Domiciliary Estate of Richard W. Atwood, Distracted, and as Next Friend and Next-of-Kin of Richard W. Atwood, N.C.M., Plaintiffs-Appellants, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 24, 1967.

Attorney(s) appearing for the Case

Thomas Hart Fisher, Horace A. Young, Chicago, Ill., for appellants.

John P. Hampton and Roger D. Doten, Chicago, Ill., Dent, Hampton & Doten, Chicago, Ill., of counsel, for appellee.

Before HASTINGS, Chief Judge, DUFFY, Senior Circuit Judge, and SCHNACKENBERG, Circuit Judge.

DUFFY, Senior Circuit Judge.

This is a diversity suit brought by and on behalf of Richard W. Atwood, an Illinois incompetent (Richard), to recover $50,000 for alleged breaches of his Texas ancillary guardian's bond. The defendant surety company, a Maryland corporation (Fidelity), was served with process in Illinois.

Alice B. Atwood is a sister of and the next-of-kin to Richard W. Atwood. Plaintiffs seek to recover the face amount of the surety bond plus interest...

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