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FIDELITY & DEPOSIT CO. v. HAY

No. 3388.

9 F.2d 749 (1926)

FIDELITY & DEPOSIT CO. OF MARYLAND v. HAY et al., Waterworks Commissioners.

Circuit Court of Appeals, Third Circuit.

January 7, 1926.

Attorney(s) appearing for the Case

William P. Belden and Horace Andrews, both of Cleveland, Ohio, and Arthur W. Mitchell, of Erie, Pa., for plaintiff in error.

Charles H. English and F. B. Quinn, both of Erie, Pa. for defendants in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

By writing of December 29, 1919, the Halfhill Construction Company, hereafter called "Contractor," contracted with the commissioners of waterworks of Erie, Pa., here styled "Commissioners," to build a reservoir. By such contract, Contractor agreed that "the said Commissioners shall have and are hereby given the authority to retain from any money due, or which may become due, to the said Contractor...

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