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FIRST NAT. BANK v. CAPLES

No. 4772.

17 F.2d 87 (1927)

FIRST NAT. BANK OF HOT SPRINGS, N. M., v. CAPLES.

Circuit Court of Appeals, Fifth Circuit.

January 31, 1927.

Attorney(s) appearing for the Case

Edward D. Tittmann, of El Paso, Tex. (W. H. Fryer, of El Paso, Tex., on the brief), for plaintiff in error.

E. F. Cameron, of El Paso, Tex. (John F. Weeks and Wallace, Knollenberg & Cameron, all of El Paso, Tex., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This was an action by the plaintiff in error against the defendant in error on a bond made by the latter and a surety to the state of New Mexico, with condition for the faithful performance by the defendant in error of a contract for the doing of certain public road work in New Mexico; the claims asserted by the suit being based on assignments to plaintiff in error of described claims for labor, material, and supplies furnished more than two...

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