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COVE IRR. DIST. v. AMERICAN SURETY CO. OF NEW YORK

No. 5861.

42 F.2d 957 (1930)

COVE IRR. DIST. v. AMERICAN SURETY CO. OF NEW YORK.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 26, 1930.

As Corrected September 15, 1930.

Attorney(s) appearing for the Case

Brown, Wiggenhorn & Davis, of Billings, Mont., for appellant.

Sterling M. Wood and Robert E. Cooke, both of Billings, Mont., for appellee.

Before DIETRICH and WILBUR, Circuit Judges, and NETERER, District Judge.

DIETRICH, Circuit Judge.

On September 28, 1922, the appellant, Cove irrigation district, a Montana public corporation, entered into a contract with Schlueter Brothers, called the contractor, by the terms of which the contractor was to do the work and furnish the materials necessary for certain improvements in the appellant's irrigation system. The contract provided that, "in consideration of the contractor doing such work and furnishing such materials and paying for...

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