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MARYLAND CASUALTY CO. v. FOWLER

No. 6.

27 F.2d 421 (1928)

MARYLAND CASUALTY CO. v. FOWLER et al.

District Court, M. D. North Carolina.

June 21, 1928.

Attorney(s) appearing for the Case

Swink, Clement & Hutchins, of Winston-Salem, N. C., and W. H. Beckerdite, of Concord, N. C., for plaintiff.

Brooks, Parker, Smith & Wharton, King, Sapp & King, Broadhurst & Robinson, and Hines, Kelly & Boren, all of Greensboro, N. C., Glidewell, Dunn & Gwyn, of Reidsville, N. C., and Allen Austin, of High Point, N. C., for defendants.

HAYES, District Judge.

Plaintiff brings this suit in equity to determine its liability, if any, upon a contractor's indemnity bond, which, on July 10, 1922, it executed as surety for E. W. Fowler, principal, in favor of the county board of education of Rockingham county, Wentworth, N. C., in the sum of twenty-two thousand dollars ($22,000). The bond contains, among others, these two provisions:

"Whereas, the principal has entered into a written contract dated...

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