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UNITED STATES FIDELITY & GUARANTY CO. v. WORTHINGTON & CO.

No. 4546.

6 F.2d 502 (1925)

UNITED STATES FIDELITY & GUARANTY CO. v. WORTHINGTON & CO.

Circuit Court of Appeals, Fifth Circuit.

June 2, 1925.

Attorney(s) appearing for the Case

Phares Coleman and M. C. Stewart, both of Birmingham, Ala., for plaintiff in error.

Le Roy P. Percy, of Birmingham, Ala. (Percy, Benners & Burr, of Birmingham, Ala., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

In this case it appears that the defendant in error (hereafter called plaintiff) secured a contract from the state of Alabama to build about 4 miles of concrete highway near Selma, and gave bond for the faithful performance of the work, with the plaintiff in error (hereafter referred to as defendant) as surety.

The bond provided that, upon the failure of plaintiff to promptly and efficiently prosecute the work in accordance with the...

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