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ROYAL INDEMNITY CO. v. CLIFF WOOD, COAL & SUPPLY CO.

No. 4468.

10 F.2d 501 (1926)

ROYAL INDEMNITY CO. v. CLIFF WOOD, COAL & SUPPLY CO.

Circuit Court of Appeals, Sixth Circuit.

February 12, 1926.

Attorney(s) appearing for the Case

H. E. Garling, of Lima, Ohio, and Fraser, Hiett & Wall, of Toledo, Ohio, for plaintiff in error.

J. H. Goeke and Dan R. Tripplehorn, both of Lima, Ohio, for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

There is a statute of Ohio requiring one about to enter into a contract to construct a public building or other improvement to execute bond, with surety, to pay for all labor performed or material furnished in the construction or improvements to be made. The plaintiff in error was surety on a bond executed to the city of Lima for the construction of an intercepting outfall sewer. The contractor defaulted...

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