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MARYLAND CASUALTY CO. v. MORGAN COUNTY COURT

No. 3167.

59 F.2d 414 (1931)

MARYLAND CASUALTY CO. v. MORGAN COUNTY COURT et al.

Circuit Court of Appeals, Fourth Circuit.

Modified on Rehearing April 29, 1932.

Attorney(s) appearing for the Case

D. H. Hill Arnold, of Elkins, W. Va. (G. F. Cushwa, of Baltimore, Md., and R. E. O'Connor, of Charleston, W. Va., on the brief), for appellant.

Charles S. Trump, of Baltimore, Md., for appellee R. F. Feller.

Clarence E. Martin, of Martinsburg, W. Va. (H. D. Allen, of Berkeley Springs, W. Va., and Martin & Seibert and C. M. Seibert, all of Martinsburg, W. Va., on the brief), for appellee County Court of Morgan County.

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

NORTHCOTT, Circuit Judge.

This is a suit in equity brought by appellant, surety, upon a performance bond given by W. J. and J. T. Gephart, contractors, to the county court of Morgan county, W. Va., for the construction of a certain highway in said county, against all known creditors of said Gepharts furnishing labor and material upon said contract and against the county court of Morgan county.

On the 12th day of June, 1922, W. J. and J. T. Gephart were awarded...

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