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CARNEY v. CITY OF GRINNELL, IOWA

No. 9020.

53 F.2d 44 (1931)

CARNEY v. CITY OF GRINNELL, IOWA, et al.

Circuit Court of Appeals, Eighth Circuit.

October 14, 1931.

Attorney(s) appearing for the Case

William F. Riley, of Des Moines, Iowa (Clifford V. Cox and Donald Evans, both of Des Moines, Iowa, on the brief), for appellant.

E. D. Perry, of Des Moines, Iowa (H. H. Stipp, R. J. Bannister, and Vincent Starzinger, all of Des Moines, Iowa, on the brief), for appellee Fidelity & Deposit Co.

J. G. Shifflett, of Grinnell, Iowa, for appellee City.

J. H. Patton, of Grinnell, Iowa, for appellee D. H. Thomas.

Before KENYON and VAN VALKENBURGH, Circuit Judges, and DAVIS, District Judge.

DAVIS, District Judge.

This action was instituted by E. B. Brande against the city of Grinnell, Iowa, Fidelity & Deposit Company of Maryland and D. H. Thomas, receiver of the Merchants' National Bank of Grinnell, Iowa. The appellant, B. J. Carney, was permitted to intervene. The court below dismissed the intervening petition, and a review of its action in so doing is sought by this appeal.

The facts are that appellant was treasurer of the city of Grinnell...

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