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NATIONAL SURETY CORPORATION v. SCHWANDT

No. 40875.

157 N.W.2d 506 (1968)

NATIONAL SURETY CORPORATION, Appellant, v. Russell G. SCHWANDT, Commissioner of Agriculture of Minnesota, and Stafford King, State Auditor of Minnesota, Respondents.

Supreme Court of Minnesota.

March 15, 1968.

Attorney(s) appearing for the Case

Wm. J. Nierengarten, Austin, for appellant.

Douglas M. Head, Atty. Gen., Arvid Wendland, Spec. Asst. Atty. Gen., St. Paul, for respondents.

OPINION

SHERAN, Justice.

Appeal from an order of the district court dismissing a writ of certiorari issued to review action of respondents, the commissioner of agriculture and the state auditor.

The agreed facts are these: On April 15, 1964, relator, National Surety Corporation, became a surety for Robert E. Nelson of Austin, Minnesota, on a bond whereby it agreed to become liable to the extent of $2,000 for any failure on the part of Nelson to pay...

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