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CITY OF STUART v. AMERICAN SURETY CO.

No. 5691.

38 F.2d 193 (1930)

CITY OF STUART for the Use and Benefit of FLORIDA EAST COAST RY. CO. v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

February 26, 1930.

Attorney(s) appearing for the Case

Robert H. Anderson and John B. L'Engle, both of Jacksonville, Fla. (Robert H. Anderson, Russell L. Frink, and John B. L'Engle, all of Jacksonville, Fla., on the brief), for appellant.

W. McL. Christie, of Fort Myers, Fla. (Doggett, Christie & Doggett, of Jacksonville, Fla., and Stuart Mackenzie, of Miami, Fla., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and SIBLEY, District Judge.

SIBLEY, District Judge.

A suit at law in the name of city of Stuart, for the use of Florida East Coast Railway Company, was brought against American Surety Company, as surety on a contractor's bond, to recover for freight, switching, and demurrage charges on carload material used in the performance of a contract with the city for public work, and was dismissed on demurrer. The controlling questions are: (1) Whether the charges were owing by the contractor; (2) whether...

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