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NATIONAL SURETY CORPORATION v. CHEROKEE CTY. BANK, ETC.

Civ. A. No. 467.

57 F.Supp. 370 (1944)

NATIONAL SURETY CORPORATION v. CHEROKEE COUNTY BANK, CENTRE, ALA.

District Court, N. D. Alabama, Middle Division.

September 18, 1944.

Attorney(s) appearing for the Case

Lusk & Burns, of Gadsden, Ala., and Harry S. McCowen, of Atlanta, Ga., for plaintiff.

Reed & Reed, of Centre, Ala., and Martin, Turner & McWhorter, of Birmingham, Ala., for defendant.

MULLINS, District Judge.

This matter is submitted upon the defendant's motion for a summary judgment.

The facts which plaintiff alleges to support its right to maintain this action are set out in the complaint and may be summarized as follows:

Plaintiff was surety on the official bond of Joe S. Daniel as Tax Collector of Cherokee County, Alabama, for the term beginning October 1, 1939, and ending September 30, 1943; the penalty of such bond being ...

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