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AMERICAN SURETY CO. v. BETHLEHEM NAT. BANK

No. 514.

33 F.Supp. 722 (1940)

AMERICAN SURETY CO. OF NEW YORK v. BETHLEHEM NAT. BANK OF BETHLEHEM, PA., et al.

District Court, E. D. Pennsylvania.

March 6, 1940.

Attorney(s) appearing for the Case

Frank P. Slattery, of Wilkes-Barre, Pa., and Rutledge Slattery, of Philadelphia, Pa., for plaintiff.

H. P. McFadden, of Bethlehem, Pa., for defendants.

KIRKPATRICK, District Judge.

This is a suit by the surety upon a bond, given by the now insolvent Bethlehem National Bank as security for the deposit of the Commonwealth of Pennsylvania, to recover dividends declared by the receiver. The right of the plaintiff to dividends is not disputed, but the amount is. The point at issue is the basis for the dividend, that is, the amount of the claim upon which it should be calculated and paid.

The case came before the...

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