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

No. 5019.

21 F.2d 1002 (1927)

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

Circuit Court of Appeals, Fifth Circuit.

November 5, 1927.

Attorney(s) appearing for the Case

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

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

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

On a former writ of error it was decided that the defendant casualty company was liable to the plaintiff construction company on a bond in the sum of $40,000 to secure the faithful performance by one Mansberger of the main contract with plaintiff to do the base course work on a state highway in Alabama, but that defendant was not liable to plaintiff for the faithful performance by Mansberger of a supplemental contract with plaintiff to construct...

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