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CONSOLIDATED INDEMNITY & INS. CO. v. W. A. SMOOT & CO.

No. 3259.

57 F.2d 995 (1932)

CONSOLIDATED INDEMNITY & INS. CO. v. W. A. SMOOT & CO., Inc., et al.

Circuit Court of Appeals, Fourth Circuit.

April 12, 1932.

Attorney(s) appearing for the Case

P. J. J. Nicolaides, of Washington, D. C. (William F. Kelly, of Washington, D. C., on the brief), for appellant.

Gardner L. Boothe, of Alexandria, Va., Alexander M. Heron, of Washington, D. C., and G. C. Hampton, Jr., of Greensboro, N. C. (Bynum E. Hinton, of Washington, D. C., and C. L. Shuping, Shuping & Hampton, and Wm. E. Comer, all of Greensboro, N. C., on the brief), for appellees.

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

PARKER, Circuit Judge.

This is an appeal by a surety company from a judgment in an action brought under the Hurd Act (28 Stat. 278, as amended [40 USCA § 270]) by persons who had furnished materials to a government contractor, whose bond had been signed by the surety company. The action was instituted January 27, 1931, and thereafter a number of claimants intervened. A jury trial was waived and the case was heard by the District Judge, who found as a fact that...

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