JOHN B. SANBORN, District Judge.
The plaintiff had furnished material to a public contractor in the state of Montana, who had agreed to furnish, at his own expense, the material and labor used in the construction of a highway bridge. He had given a bond to the state, upon which the defendant was surety, conditioned for the faithful performance of the contract and the payment for labor and material. The facts are fully set forth in Federal Surety Co. v. Minneapolis...
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