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ÆTNA CASUALTY & SURETY CO. v. INDEPENDENT BRIDGE CO.

No. 4645.

55 F.2d 79 (1931)

ÆTNA CASUALTY & SURETY CO. v. INDEPENDENT BRIDGE CO. For The Use of ALPHA PORTLAND CEMENT CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied January 28, 1932.

Attorney(s) appearing for the Case

John C. Bane, Jr., Edwin W. Smith, and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., for appellant.

Edward G. Bothwell and Morris, Walker, Bothwell & Harrison, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

On April 6, 1925, the Pennsylvania counties of Fayette and Greene made a contract with the Independent Bridge Company (hereafter called Independent) for the construction of an intercounty bridge. On April 15, 1925, Independent made a contract with the H. B. Mish Company (hereafter called Mish) for the construction of the substructure and approaches to the bridge. By this contract Mish agreed to furnish Independent with a surety bond "conditioned...

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