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SOUTHERN SURETY CO. v. WESTERN PIPE & STEEL CO. OF CALIFORNIA

No. 4833.

16 F.2d 456 (1926)

SOUTHERN SURETY CO. v. WESTERN PIPE & STEEL CO. OF CALIFORNIA.

Circuit Court of Appeals, Ninth Circuit.

December 13, 1926.

Attorney(s) appearing for the Case

Wallace, Knollenberg & Cameron, of El Paso, Tex., for plaintiff in error.

D. V. Mulhern and John R. Hampton, both of Phœnix, Ariz., for defendant in error.

Before RUDKIN, Circuit Judge, and SAWTELLE and JAMES, District Judges.

RUDKIN, Circuit Judge.

This was an action by an intervening creditor on a bond given by a contractor for the construction, prosecution, and completion of a public work, pursuant to the Act of August 13, 1894 (28 Stat. 278), as amended by the Act of February 24, 1905 (33 Stat. 811). The latter act provides:

"That where suit is instituted by any of such creditors on the bond of the contractor it shall not be commenced until after the complete

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