PHILLIPS, District Judge.
On October 10, 1922, the defendant O. C. McElrath Construction Company, hereinafter called construction company, made and executed a contract with the state of New Mexico, for the construction of federal aid project No. 82. On October 20, 1922, the construction company and the defendant United States Fidelity & Guaranty Company, hereinafter called the surety company, entered into a bond with the state of New Mexico conditioned for the...
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