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MARYLAND CASUALTY CO. v. BOARD OF EDUCATION

No. 3631.

20 F.2d 799 (1927)

MARYLAND CASUALTY CO. v. BOARD OF EDUCATION OF CITY OF ASBURY PARK, N. J., et al.

Circuit Court of Appeals, Third Circuit.

July 2, 1927.

Attorney(s) appearing for the Case

John M. Enright and McDermott, Enright & Carpenter, all of Jersey City, N. J., for appellant.

Gerald McLaughlin and Arthur Egner, both of Newark, N. J., for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge (after stating the facts as above).

The Board of Education instituted a suit at law in a state court against Burke Brothers Company, principal, and the Casualty Company, surety, on their bond to recover damages it had sustained by the breech, measured by the difference between the construction cost stipulated in the contract with Burke Brothers Company and the larger construction cost in the contract with the McClary Corporation. Thereupon the...

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