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MARYLAND CASUALTY CO. v. BOARD OF EDUCATION

No. 4062.

34 F.2d 751 (1929)

MARYLAND CASUALTY CO. v. BOARD OF EDUCATION OF CLIFTON, N. J.

Circuit Court of Appeals, Third Circuit.

September 13, 1929.

Attorney(s) appearing for the Case

John M. Enright and McDermott, Enright & Carpenter, all of Jersey City, N. J., for appellant.

Albert Comstock and William B. Gourley, both of Paterson, N. J., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In this case it appears Thomas J. O'Halloran Company, Inc., contracted in writing with the board of education of Clifton, N. J., to build a high school for the sum of $445,734, in accordance with certain plans and specifications. The Maryland Casualty Company became the contractor's surety, its bond providing that the contractor should "well and faithfully do and perform said contract." In due course the contractor began the work, failed...

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