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SOUTHERN SURETY CO. v. UNITED STATES CAST IRON PIPE & F. CO.

No. 7153.

13 F.2d 833 (1926)

SOUTHERN SURETY CO. v. UNITED STATES CAST IRON PIPE & FOUNDRY CO.

Circuit Court of Appeals, Eighth Circuit.

May 18, 1926.

Attorney(s) appearing for the Case

David A. Murphy, of Kansas City, Mo. (John T. Harding and R. C. Tucker, both of Kansas City, Mo., on the brief), for appellant.

Charles M. Miller, of Kansas City, Mo. (Roger S. Miller, of Kansas City, Mo., on the brief), for appellee.

Before SANBORN and LEWIS, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

This is a suit in equity to procure reformation of a surety bond and to recover upon the bond as reformed.

The facts are these:

On June 27, 1923, one F. M. Beeson, trading under the name of Beeson Machinery Company, entered into a contract with the city of King City, Mo., whereby he agreed to furnish all material, labor, and tools for the construction of a waterworks system in such city in accordance with certain plans and...

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