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GLADES COUNTY, FLA. v. DETROIT FIDELITY & SURETY CO.

No. 6441.

57 F.2d 449 (1932)

GLADES COUNTY, FLA., v. DETROIT FIDELITY & SURETY CO. et al. I. W. PHILLIPS & CO. et al. v. SAME.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 23, 1932.

Attorney(s) appearing for the Case

E. D. Treadwell, of Arcadia, Fla., for Glades County, Fla.

Gates Ivy, of Tampa, Fla., for I. W. Phillips & Co. and Union Metal Manufacturing Co.

H. C. Tillman and Fred T. Saussy, both of Tampa, Fla., for Detroit Fidelity & Surety Co.

Claibourne M. Phipps, of Tampa, Fla., for H. C. Dwiggins.

Pasco Altman, of Tampa, Fla., for American Cyanamid Co.

Charles F. Blake, of Tampa, Fla., for Franz Safe & Lock Co.

Hilton S. Hampton and Jno. W. Bull, both of Tampa, Fla., for Kinnear Mfg. Co. and Cooke & Co.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Marshall-Jackson Company contracted with Glades county, Fla., to build a courthouse, with Detroit Fidelity & Surety Company, as surety on its bond. The county failed to pay when due certain sums owing to the contractor, he terminated the contract, and becoming bankrupt left a number of debts to materialmen unpaid. The surety company filed a bill in the District Court in which the bankruptcy case...

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