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STATE, EX REL., v. MASTERSON

No. 48,105

221 Kan. 540 (1977)

561 P.2d 796

STATE OF KANSAS, ex rel., VERNON D. GRASSIE, County Attorney of Crawford County, Appellant, v. GENE E. MASTERSON, and THE WESTERN SURETY COMPANY, Sioux Falls, South Dakota, Appellees.

Supreme Court of Kansas.

Opinion filed March 5, 1977.

Attorney(s) appearing for the Case

Fred Spigarelli, of Pittsburg, argued the cause and Michael F. McCurdy, of Pittsburg, was with him on the brief for the appellant.

Nelson E. Toburen, of Wilbert, Lassman, Toburen & Wachter, of Pittsburg, argued the cause and was on the brief for The Western Surety Company, appellee.

The opinion of the court was delivered by

KAUL, J.:

This action was brought by the state for the benefit of Crawford County against Gene E. Masterson, county treasurer, and the corporate surety on his official bond, The Western Surety Company, to recover $59,500.00 which Masterson allegedly embezzled from county funds during his tenure of office.

Masterson is not a party to this appeal. For convenience The Western Surety Company will be referred to...

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