Fidelity & Casualty Co. of New York v. Brightman

KENYON, Circuit Judge.

This suit was brought by appellant to enjoin the prosecution of some sixty-one separate actions pending in the state courts of Missouri. Plaintiffs in these suits sought, as depositors of the defunct' Citizens’ Bank of Lancaster, Mo., to recover against Frank C. Millspaugh, Commissioner of Finance of said state, and appellant, as surety on his bond, amounts aggregating some $50,000. The equity jurisdiction rests on the claim that the amounts sued for, if 'allowed, would largely exceed the penalty of the bond, that appellant would be seriously prejudiced by the…