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NATIONAL SURETY CORPORATION v. CITY OF ALLENTOWN

No. 20536.

32 F.Supp. 700 (1939)

NATIONAL SURETY CORPORATION v. CITY OF ALLENTOWN et al.

District Court, E. D. Pennsylvania.

November 29, 1939.

Attorney(s) appearing for the Case

Fox & McTighe and Desmond J. McTighe, all of Norristown, Pa., Fred B. Gernerd, of Allentown, Pa., and Conlen LaBrum & Beechwood and George E. Beechwood, all of Philadelphia, Pa., for plaintiff.

Calvin E. Arner, of Allentown, Pa., for defendant City of Allentown.

S. D. Frederick, of Allentown, Pa., for defendant Lehigh County.

Reuben J. Butz, of Allentown, Pa., for defendant City of Allentown School Dist.

KIRKPATRICK, District Judge.

This is a suit brought by a surety company against three municipalities for the premium upon a bond, which it executed as surety for the Treasurer of the City of Allentown who was, under the law, also tax collector for city, county, poor and school district taxes within the city. The case was tried by the Court, without a jury.

Mr. Kern was elected City Treasurer of Allentown in November...

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