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STATE OF MO. EX REL. PEMISCOT CTY. v. WESTERN SUR.

Nos. 94-2217, 94-2400.

51 F.3d 170 (1995)

STATE OF MISSOURI ex rel. PEMISCOT COUNTY, MISSOURI, Plaintiff/Appellee/Cross-Appellant, v. WESTERN SURETY COMPANY, Defendant/Appellant/Cross-Appellee, v. Jack L. DAVIS, Third Party-Defendant/Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 3, 1995.

Attorney(s) appearing for the Case

John L. Oliver, Cape Girardeau, MO, argued, for appellant.

Joseph C. Blanton, Jr., Sikeston, MO, argued, for appellee.

Before BOWMAN and LOKEN, Circuit Judges, and BOGUE, Senior District Judge.

LOKEN, Circuit Judge.

Jack L. Davis is the Sheriff of Pemiscot County, Missouri ("the County"). Western Surety Company ("Western") is the surety on a $50,000 "official bond" that Sheriff Davis posted pursuant to Mo.Rev.Stat. § 57.020, guaranteeing that he would "faithfully discharge his duties as Sheriff." The County commenced this diversity action to recover the full amount of Western's bond, alleging that Sheriff Davis breached his official duty to the County...

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