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NEW AMSTERDAM CASUALTY CO. v. W. T. TAYLOR CONST. CO.

No. 4773.

12 F.2d 972 (1926)

NEW AMSTERDAM CASUALTY CO. v. W. T. TAYLOR CONST. CO.

Circuit Court of Appeals, Fifth Circuit.

May 13, 1926.

Attorney(s) appearing for the Case

Borden Burr, of Birmingham, Ala. (Borden Burr, Percy, Benners & Burr and Lloyd Bowers, all of Birmingham, Ala., and W. T. Donaldson, of Port Arthur, Tex., on the brief), for plaintiff in error.

Jelks H. Cabaniss, of Birmingham, Ala. (Jelks H. Cabaniss and Cabaniss, Johnston, Cocke & Cabaniss, all of Birmingham, Ala., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This was an action by the defendant in error, W. T. Taylor Construction Company (herein called the plaintiff), against the plaintiff in error, New Amsterdam Casualty Company (herein called the defendant), on a bond to the plaintiff, executed by J. E. Mansberger, as principal, and the defendant, as surety, for the faithful performance by Mansberger of a contract between him and the plaintiff, which was referred to in the bond as "a contract bearing...

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