UNITED STATES FIDELITY & GUARANTY CO. v. McNULTY BROS.

Nos. 1919-1921.

13 F.2d 78 (1926)

UNITED STATES FIDELITY & GUARANTY CO. v. McNULTY BROS., Inc., et al. TITLE GUARANTY & SURETY CO. v. SAME. SLATTERY v. NOEL CONST. CO. et al.

Circuit Court of Appeals, First Circuit.

June 8, 1926.


Attorney(s) appearing for the Case

H. R. Bygrave, of Boston, Mass., for Title Guaranty & Surety Co.

Henry V. Cunningham, of Boston, Mass., for United States Fidelity & Guaranty Co.

William C. Rogers, of Boston, Mass., for John E. Slattery, trustee.

William F. Kimber, of New York City, and Frank H. Stewart, of Boston, Mass., for McNulty Bros. and Herzog Iron Works.

Charles R. Elder, of Boston, Mass., for Daniel Bloomquist Co.

Charles R. Elder and William C. Rogers, both of Boston, Mass., for Crane Co.

Thompson, Hoague & Hill, of Boston, Mass. (Theodore Hoague, of Boston, Mass., of counsel), for Sykes Co.

Gaston, Snow, Saltonstall & Hunt, of Boston, Mass. (Robert H. Holt, of Boston, Mass., of counsel), for H. J. M. Howard Mfg. Co. and American Sterilizer Co.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge.

This is a controversy arising under the Materialmen's Act (28 Stat. 278; 33 Stat. 811 [Comp. St. § 6923]). On January 17, 1910, the Noel Construction Company entered into a contract with the United States for the erection of three hospitals — one in Chelsea, Mass., one in Newport, R. I., and one in Portsmouth, N. H. — at an aggregate price of $847,100. The contract is stipulated to be a "single, entire, and indivisible contract...

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