MOTHERSEAD v. FIDELITY CAS. CO. OF NEW YORK, 22 F.2d 654 (8th Cir. 1927)

O.B. MOTHERSEAD, Bank Commissioner of the State of Oklahoma, Appellant, v. FIDELITY CASUALTY COMPANY OF NEW YORK, a Corporation, Appellee.

No. 7397.Circuit Court of Appeals, Eighth Circuit.
October 28, 1927.

Appeal from the District Court of the United States for the Western District of Oklahoma; John H. Cotteral, Judge.

M.W. McKenzie and Gentry Lee, both of Oklahoma City, Okla., for appellant.

J.S. Ross, of Oklahoma City, Okla. (H.C. Thurman, S.J. Clay, and Ross Thurman, all of Oklahoma City, Okla., on the brief), for appellee.

Before BOOTH, Circuit Judge, and TRIEBER[1] and PHILLIPS, District Judges.

[1] The late Judge Trieber concurred in this opinion during his lifetime.

PHILLIPS, District Judge.

In the case of Mothersead v. United States F. G. Co. (No. 7400, opinion filed October 28, 1927) 22 F.2d 644, all of the questions presented on this appeal, on a state of facts substantially the same as the facts in this case, were considered by this court, and determined adversely to the contentions of the appellant here.

On the authority of that case the decree appealed from is affirmed.