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FEDERAL SURETY CO. v. LALONDE

No. 5618.

31 F.2d 673 (1929)

FEDERAL SURETY CO. v. LALONDE et al.

Circuit Court of Appeals, Ninth Circuit.

March 25, 1929.

Attorney(s) appearing for the Case

Ware & Melrin and Philip F. Sherman, both of Minneapolis, Minn., and O. B. Kotz, of Great Falls, Mont., for appellant.

Hurd, Hall & McCabe, H. C. Hall, and E. J. McCabe, all of Great Falls, Mont., for appellees.

Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge.

RUDKIN, Circuit Judge.

September 21, 1924, Lalonde, Peck & Powers, a copartnership, entered into a contract with the state of Montana, through its highway commission, for the construction of about ten miles of road; the contractors agreeing to furnish and supply all labor and material. The Federal Surety Company executed a bond to the state for the faithful performance of the contract. On October 27, 1924, the contractors...

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