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PATTERSON v. AMERICAN CASUALTY CO., SURETY

No. 26024.

462 F.2d 168 (1972)

Harold PATTERSON, Plaintiff-Appellant, v. AMERICAN CASUALTY CO., SURETY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 23, 1972.

Attorney(s) appearing for the Case

Richard R. Black (argued), Pocatello, Idaho, Gleason Anderson, of Behm & Anderson, Buhl, Idaho, for plaintiff-appellant.

Eugene C. Thomas (argued), John W. Barrett, Richard E. Hall, of Moffatt, Thomas, Barrett & Blanton, Boise, Idaho, for defendant-appellee.

Before MADDEN, Judge of the United States Court of Claims, and MERRILL and WRIGHT, Circuit Judges.

MERRILL, Circuit Judge:

Appellant brought suit in the Idaho state courts seeking damages for fraud. In his complaint he alleged that in proceedings before the State Industrial Accident Board he stipulated for a lumpsum settlement of claims for disability arising out of an industrial accident; that the stipulation was in reliance upon fraudulent misrepresentations by defendant and that defendant wilfully and fraudulently withheld...

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