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CITY OF RICHMOND, KY. v. FIDELITY & DEPOSIT CO.

No. 5727.

53 F.2d 437 (1931)

CITY OF RICHMOND, KY., v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Sixth Circuit.

November 3, 1931.

Attorney(s) appearing for the Case

J. J. Greenleaf, of Richmond, Ky. (Owen W. Hisle and Burnam & Greenleaf, all of Richmond, Ky., on the brief), for appellant.

R. L. Blackwell, of Louisville, Ky. (Wm. Marshall Bullitt, Leo T. Wolford, and Bruce & Bullitt, all of Louisville, Ky., and Joe P. Chenault, of Richmond, Ky., on the brief), for appellee.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

DENISON, Circuit Judge.

The city of Richmond, in April, 1920, entered into a contract with Lampton & Burks, general contractors, to construct a concrete base, asphalt surface paving, with curbs and gutters, over several city streets. Lampton & Burks guaranteed the good quality of the work and the necessary maintenance for a period of five years. To secure the performance, they gave a $200,000 bond, with the Fidelity Company as surety. Within a year, serious...

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