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UNITED STATES FIDELITY & GUARANTY CO. v. UNION INDEM. CO.

No. 6414.

56 F.2d 147 (1932)

UNITED STATES FIDELITY & GUARANTY CO. v. UNION INDEMNITY CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 4, 1932.

Attorney(s) appearing for the Case

M. C. Stewart, of Birmingham, Ala., for appellant.

J. Kirkman Jackson and Walter Brower, both of Birmingham, Ala., for appellee.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

BRYAN, Circuit Judge.

The Bessemer Engineering & Construction Company obtained from the state of Alabama a road construction contract, to secure the performance of which it gave bond with appellee as surety. It afterward sublet its contract to W. F. Flowers, who agreed to perform it, and in turn required of him a bond for $25,000, upon which appellant became surety, conditioned that "the said principal shall well and truly indemnify and save harmless the said...

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