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FIDELITY & DEPOSIT CO. OF MARYLAND v. WHEELER

No. 8472.

34 F.2d 892 (1929)

FIDELITY & DEPOSIT CO. OF MARYLAND v. WHEELER.

Circuit Court of Appeals, Eighth Circuit.

September 27, 1929.

Attorney(s) appearing for the Case

Harley H. Stipp, of Des Moines, Iowa, (Eugene D. Perry, Robert J. Bannister, Vincent Starzinger, Fred A. Little, and Donald D. Holdoegel, all of Des Moines, Iowa, on the brief), for appellant.

William G. Harvison, of Des Moines, Iowa, for appellee.

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

MARTINEAU, District Judge.

George Youngberg, operating as the Youngberg Construction Company, prior to the 12th day of July, 1924, was engaged, under various contracts, in the construction of roads, bridges, viaducts, and culverts in North and South Dakota. The Fidelity & Deposit Company of Maryland was surety on Youngberg's construction bonds, guaranteeing the performance of his contracts. Youngberg became financially embarassed, and a number of his creditors...

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