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MARYLAND CASUALTY CO. v. LACY

No. 3011.

46 F.2d 409 (1931)

MARYLAND CASUALTY CO. v. LACY et al.

Circuit Court of Appeals, Fourth Circuit.

January 27, 1931.

Attorney(s) appearing for the Case

George F. Cushwa and C. T. Reifsnider, both of Baltimore, Md. (J. O. Carr, of Wilmington, N. C., on the brief), for appellant.

E. K. Bryan, of Wilmington, N. C. (Bryan & Campbell, of Wilmington, N. C., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and COLEMAN, District Judge.

PARKER, Circuit Judge.

This is the second appeal in this case, the opinion in the former appeal being reported in 32 F.2d 48. One C. W. Lacy, a road contractor, held a contract with the North Carolina highway commission for the construction of a road in Hyde county, N. C., known as project No. 151. The Maryland Casualty Company guaranteed the performance of this contract. The application for the bond contained the following stipulation...

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