COMMUNITY NAT. BANK v. FIDELITY & DEPOSIT CO.

No. 76-1612.

563 F.2d 1319 (1977)

COMMUNITY NATIONAL BANK, etc., Plaintiff, v. FIDELITY AND DEPOSIT CO. OF MARYLAND, etc., Defendant and Third-Party Plaintiff-Appellant, v. George C. PARKER et al., Third-Party Defendants, and Wayne Reeder and RWMCO Corp., Third-Party Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 28, 1977.


Attorney(s) appearing for the Case

Cynthia H. Plevin, San Francisco, Cal., argued for appellant.

Dominick Bianco, Bakersfield, Cal., argued for appellee.

Before BROWNING and TRASK, Circuit Judges, and FREY, District Judge.


PER CURIAM:

The district court granted summary judgment against a surety in favor of a third party on the ground that the surety had no greater right against the third party than the creditor had and the creditor was barred by a judgment in favor of the third party in a prior action by the creditor. A California decision subsequent to the lower court's ruling held that a surety has an independent and direct cause of action against a third party for injuries suffered...

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