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McRAE GROCERY CO. v. INDEPENDENCE INDEMNITY CO.

No. 2794.

33 F.2d 494 (1929)

McRAE GROCERY CO. v. INDEPENDENCE INDEMNITY CO. INDEPENDENCE INDEMNITY CO. v. AUSTIN et al.

Circuit Court of Appeals, Fourth Circuit.

July 1, 1929.

Attorney(s) appearing for the Case

James S. Manning, of Raleigh, N. C., and Murdock M. Johnson, of Aberdeen, N. C. (Johnson & Johnson, of Aberdeen, N. C., and Manning & Manning, of Raleigh, N. C., on the brief), for appellant.

W. C. McGowan, of Columbia, S. C. (Benet, Shand & McGowan, of Columbia, S. C., on the brief), for appellee.

Before WADDILL and PARKER, Circuit Judges, and SOPER, District Judge.

PARKER, Circuit Judge.

This is an appeal by the McRae Grocery Company from the decree rendered in a suit brought by the Independence Indemnity Company against H. M. Austin and others to ascertain its liability under certain contractor's bonds which it had executed. Austin had entered into a contract with the South Carolina highway commission for the construction of a highway, and the indemnity company had executed a bond as...

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