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GENERAL INSURANCE CO. OF AMER. v. COMMODITY CREDIT CORP.

No. 326-69.

430 F.2d 916 (1970)

GENERAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. COMMODITY CREDIT CORPORATION and the United States of America, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 24, 1970.

Attorney(s) appearing for the Case

Herbert A. Marshall, Topeka, Kan. (Marshall, Hawks, McKinney & Hundley, Topeka, Kan., were with him on the brief) for plaintiff-appellee.

Charles D. McAtee, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., and Patrick J. Hurley, Atty., U. S. Dept. of Agriculture, were with him on the brief) for defendants-appellants.

Before PHILLIPS, BREITENSTEIN, and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is an interpleader action brought by General Insurance Company of America, which conceded its liability on a 1965-1966 warehouse bond. Commodity Credit Corporation counterclaimed and asserted that the surety was also liable on a 1964-1965 bond. The district court allowed recovery on the latter bond for warehouse charges only, and CCC has appealed.

J. A. Mall, a Kansas warehouseman...

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