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MONTANA LIFE INS. CO. v. AMERICAN SURETY CO.

No. 4659.

8 F.2d 801 (1925)

MONTANA LIFE INS. CO. v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Ninth Circuit.

November 23, 1925.

Attorney(s) appearing for the Case

Gunn, Rasch & Hall, of Helena, Mont., for plaintiff in error.

Stewart & Brown, of Helena, Mont., for defendant in error.

Before GILBERT, HUNT, and McCAMANT, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

The plaintiff assigns as error that the court refused to adopt as its own the plaintiff's requested findings of fact, in substance, that on September 28, 1922, the defendant by its letter of that date advised the plaintiff that it would consider the giving of a new bond on said bank on November 1, 1922; that on November 1, 1922, the plaintiff presented to defendant its application for the issuance of a bond...

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