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EQUITABLE CASUALTY & S. CO. v. HELENA WHOLESALE G. CO.

No. 9417.

60 F.2d 380 (1932)

EQUITABLE CASUALTY & SURETY CO. et al. v. HELENA WHOLESALE GROCERY CO.

Circuit Court of Appeals, Eighth Circuit.

July 15, 1932.

Attorney(s) appearing for the Case

Barber & Henry and Troy W. Lewis, all of Little Rock, Ark., for appellants.

John I. Moore, of Helena, Ark., C. E. Daggett and J. B. Daggett, both of Marianna, Ark., and J. G. Burke and John I. Moore, Jr., both of Helena, Ark., for appellee.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

GARDNER, Circuit Judge.

The appellee, Helena Wholesale Grocery Company, with certain other claimants, brought this suit in the name of the United States for the use and benefit of plaintiffs, against G. C. Weathers, Jr., C. J. McFarlin, and the Equitable Casualty & Surety Company of New York, the suit being brought under the provisions of the Act of August 13, 1894, as amended February 24, 1905 (40 USCA § 270). Weathers was the general contractor, and McFarlin...

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