MARYLAND CASUALTY CO. v. BOARD OF WATER COM'RS

No. 1166F.

21 F.2d 1005 (1927)

MARYLAND CASUALTY CO. v. BOARD OF WATER COM'RS OF CITY OF DUNKIRK, N. Y., et al.

District Court, W. D. New York.

October 21, 1927.


Attorney(s) appearing for the Case

Gibbons & Pottle, of Buffalo, N. Y. (Frank Gibbons, of Buffalo, N. Y., of counsel), for plaintiff.

Stanley & Gidley, of Buffalo, N. Y. (Ellis H. Gidley, of Buffalo, N. Y., of counsel), for defendant Warsaw Elevator Co.


ADLER, District Judge.

The bill of complaint alleges contracts made between the board of water commissioners of the city of Dunkirk, N. Y., and the Loyd Contracting Company for the construction of a filtration plant and a clear water basin for the sum of $150,900. The Loyd Contracting Company procured from the plaintiff two bonds to cover the respective contracts. The contractor proceeded with the work until July, 1927, when default was made. The Maryland Casualty...

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