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FORT WORTH INDEPENDENT SCHOOL DIST. v. ÆTNA C. & S. CO.

No. 5962.

48 F.2d 1 (1931)

FORT WORTH INDEPENDENT SCHOOL DIST. v. ÆTNA CASUALTY & SURETY CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 29, 1931.

Attorney(s) appearing for the Case

R. M. Rowland, of Fort Worth, Tex., for appellant.

Robert W. Harrison and John T. Pearson, both of Fort Worth, Tex. (Hubert Blalock, of Hartford, Conn., and Lassiter, Harrison & Pearson, of Fort Worth, Tex., on the brief), for appellee.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

The Ætna Casualty & Surety Company (hereinafter called surety company) brought this suit in equity to recover of the Fort Worth independent school district (hereinafter called school district) the sum of $41,985, alleging that, as surety upon the bond of H. K. Muse, contractor, for the erection of a school building of the school district, it had been compelled to pay to laborers and material men the said amount; that the school district...

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