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FEDERAL SURETY CO. v. STANDARD OIL CO.

No. 8185.

32 F.2d 119 (1929)

FEDERAL SURETY CO. v. STANDARD OIL CO.

Circuit Court of Appeals, Eighth Circuit.

March 29, 1929.

Attorney(s) appearing for the Case

C. D. Sterling, of Redfield, S. D. (Sterling, Clark & Grigsby and S. W. Clark, all of Redfield, S. D., on the brief), for appellant.

A. K. Gardner, of Huron, S. D. (Gardner & Churchill, of Huron, S. D., on the brief), for appellee.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and MUNGER, District Judge.

BOOTH, Circuit Judge.

This is an appeal from a judgment in a law action which was brought against the principal and the surety on a contractor's bond. The judgment was against both of the defendants R. L. Wiley and the Federal Surety Company, but as Wiley refused to join in the appeal a severance was granted.

The short facts are as follows: R. L. Wiley entered into a contract with the state of South Dakota through its state highway commission for the construction...

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