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

No. 6483.

54 F.2d 197 (1931)

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

Circuit Court of Appeals, Ninth Circuit.

December 14, 1931.

Attorney(s) appearing for the Case

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

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

Before WILBUR and SAWTELLE, Circuit Judges, and JAMES, District Judge.

JAMES, District Judge.

This suit was brought to recover on a bond given by appellant to insure the faithful performance of a contract made by Schleuter Brothers, wherein the latter contracted to perform work and furnish materials for appellee irrigation district. Schleuter Brothers defaulted on their contract. Prior to default, a number of subcontractors and materialmen had been employed by the main contractors and their accounts had not been settled. The irrigation...

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