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May 7, 2013

Dismissal Obtained for Surety Client in Bond Claim


Baker Sterchi has obtained dismissal of client Old Republic Surety in a case involving a claim on a public official bond pending in the United States District Court for the Eastern District of Missouri, Northern Division. Plaintiff claimed a Randolph County Assessor (covered by a county assessor’s bond issued by defendant Old Republic Surety Company) violated his equal protection rights. In addition to the claim against the county assessor, plaintiff asserted a claim directly against the bond under a Missouri Statute. In its motion to dismiss, Baker Sterchi argued plaintiff failed to state a claim against Old Republic’s bond. The Court agreed with Baker Sterchi's argument, ruling plaintiff had failed to identify any Missouri statute allowing a claim directly against a county assessor’s bond and granting Old Republic’s Motion to Dismiss.