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FEDERAL SURETY CO. v. CITY OF STAUNTON, ILL.

No. 5444.

29 F.2d 9 (1928)

FEDERAL SURETY CO. v. CITY OF STAUNTON, ILL., for Use of McWANE CAST IRON PIPE CO.

Circuit Court of Appeals, Fifth Circuit.

November 14, 1928.

Attorney(s) appearing for the Case

J. Kirkman Jackson and Walter S. Brower, both of Birmingham, Ala. (London, Yancey & Brower, of Birmingham, Ala., Harold Hodges, of Davenport, Iowa, and J. Kirkman Jackson, of Birmingham, Ala., on the brief), for appellant.

Jelks H. Cabaniss, of Birmingham, Ala. (Cabaniss, Johnston, Cocke & Cabaniss, of Birmingham, Ala., on the brief), for appellee.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

This is an appeal by the Federal Surety Company from a verdict and judgment against it as surety upon a contractor's bond, in which the only question submitted to the jury was as to the amount and value of materials furnished by the McWane Cast Iron Pipe Company to the contractor in the construction of certain public improvements for the city of Staunton, Ill.

Appellant brings up more than a hundred exceptions to various rulings of...

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