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UNITED STATES v. NATIONAL SURETY CORPORATION

No. 3681.

23 F.Supp. 411 (1938)

UNITED STATES, for Use and Benefit of MIDLAND LOAN FINANCE CO., v. NATIONAL SURETY CORPORATION et al.

District Court, D. Minnesota, Fourth Division.

May 16, 1938.

Attorney(s) appearing for the Case

Leonard, Street & Deinard, of Minneapolis, Minn., for plaintiff.

M. J. Doherty, Pierce Butler, Jr., and R. O. Sullivan, all of St. Paul, Minn. (Doherty, Rumble, Butler, Sullivan & Mitchell, of St. Paul, Minn., of counsel), for defendant National Surety Corporation.

NORDBYE, District Judge.

The action was brought by the plaintiff, Midland Loan Finance Company, in the name of the United States as indicated above, to recover damages against the principal and surety on a postmaster's bond in the penal sum of $16,000.00, given in pursuance of 39 U.S.C.A. § 34. No consent to this suit by the United States has been obtained. The complaint sought to recover the sum of $34,997.03 against the principal and $16,000.00 against the...

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