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INDEPENDENT S. D. 93, POTTAWATOMIE CO., OKL. v. WESTERN SUR. CO.

No. 4-69.

419 F.2d 78 (1969)

INDEPENDENT SCHOOL DISTRICT 93, POTTAWATOMIE COUNTY, OKLAHOMA, Appellant, v. WESTERN SURETY COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

December 9, 1969.

Attorney(s) appearing for the Case

Melvin F. Pierce, Oklahoma City, Okl. (Hugh A. Baysinger, Oklahoma City, Okl., and J. C. Winterringer, Shawnee, Okl., on the brief) for appellant.

Walter D. Hanson, Oklahoma City, Okl. (James M. Robinson, Oklahoma City, Okl., on the brief) for appellee.

Before HILL, SETH and HOLLOWAY, Circuit Judges.

HILL, Circuit Judge.

This diversity suit was brought by appellant school district against appellee surety company on two statutory official bonds.1 The bonds were executed by the surety company to secure the faithful performance of one Kenneth E. Bovee, treasurer of the school district.2 The case was tried to the court without a jury, and, after findings of fact and...

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