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WESTERN SURETY CO. v. CITY OF DEVILS LAKE

No. 9332.

58 F.2d 161 (1932)

WESTERN SURETY CO. v. CITY OF DEVILS LAKE.

Circuit Court of Appeals, Eighth Circuit.

April 11, 1932.

Attorney(s) appearing for the Case

Tom Kirby, of Sioux Falls, S. D. (F. T. Cuthbert, of Devils Lake, N. D., on the brief), for appellant.

Clyde Duffy, of Devils Lake, N. D. (Torger Sinness and Sinness & Duffy, all of Devils Lake, N. D., on the brief), for appellee.

Before STONE, KENYON, and GARDNER, Circuit Judges.

KENYON, Circuit Judge.

This is an appeal from a judgment of $17,220 against the Western Surety Company, appellant, surety on a bond to protect appellee under a contract made with one J. J. Larson to construct a well for the city of Devils Lake, a municipal corporation of North Dakota. The facts necessary to an understanding of the case are as follows:

March 16, 1927, pursuant to a proposal made to the city of Devils Lake, by said Larson to construct a well...

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