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MINNEAPOLIS STEEL & MACHINERY CO. v. FEDERAL SURETY CO.

No. 8237.

34 F.2d 270 (1929)

MINNEAPOLIS STEEL & MACHINERY CO. v. FEDERAL SURETY CO.

Circuit Court of Appeals, Eighth Circuit.

July 23, 1929.

Attorney(s) appearing for the Case

C. P. Randall, of Minneapolis, Minn. (Claude G. Krause and Cobb, Hoke, Benson, Krause & Faegre, all of Minneapolis, Minn., on the brief), for appellant.

Phillip F. Sherman, of Minneapolis, Minn. (L. E. Melrin and Ware & Melrin, all of Minneapolis, Minn., on the brief), for appellee.

Before KENYON and VAN VALKENBURGH, Circuit Judges, and OTIS, District Judge.

OTIS, District Judge.

This case is here on a second appeal. The facts are these:

H. M. Buell, doing business under the firm name of Buell Bridge Company, on the 16th day of September, 1921, signed and entered into a contract with the state highway department of the state of Montana for the construction of a bridge on a highway in that state. To insure the faithful performance of that contract, Buell as principal, and the appellee as surety, on the 16th day...

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