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METROPOLITAN CASUALTY INS. CO. v. SMITH & SMITH

No. 6649.

58 F.2d 699 (1932)

METROPOLITAN CASUALTY INS. CO. v. SMITH & SMITH, Inc.

Circuit Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing June 6, 1932.

Attorney(s) appearing for the Case

Post, Russell, Davis & Paine, of Spokane, Wash., and Senn & Recken, of Portland, Or., for appellant.

Williams & Cornelius, of Spokane, Wash., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and ST. SURE, District Judge.

WILBUR, Circuit Judge.

This action was brought to recover upon a bond given by the appellant Metropolitan Casualty Insurance Company in connection with the performance of certain road work for the Department of Agriculture. Plaintiff having recovered the full penalty of the bond, the surety company appeals from the decision.

It seems that Albert L. Smith had entered into a contract with the Bureau of Public Roads, Department of Agriculture of the United States...

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