MARYLAND CASUALTY CO. v. OHIO RIVER GRAVEL CO.

Nos. 2602-2604.

20 F.2d 514 (1927)

MARYLAND CASUALTY CO. v. OHIO RIVER GRAVEL CO. SAME v. OHIO RIVER GRAVEL CO. et al. JOHNSON et al. v. MARYLAND CASUALTY CO.

Circuit Court of Appeals, Fourth Circuit.

July 5, 1927.


Attorney(s) appearing for the Case

D. H. Hill Arnold, of Elkins, W. Va., and George F. Cushwa, of Baltimore, Md., for plaintiff.

Smith D. Turner, of Parkersburg, W. Va., for defendant Ohio River Gravel Co.

U. G. Young, of Buckhannon, W. Va. (J. C. McWhorter, of Buckhannon, W. Va., and Wm. T. George, of Philippi, W. Va., on the brief), for defendants Westfall and Buckhannon Motor Sales Co.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.


PARKER, Circuit Judge.

W. J. and J. T. Gephart were partners engaged in road contracting. They entered into two contracts with the state of West Virginia for the construction of certain roads in Randolph and Upshur counties in that state, and gave bonds with the Maryland Casualty Company as surety for the faithful performance of the contracts and for the payment of the claims of laborers and materialmen. The contractors, having defaulted under their contracts leaving...

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