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AMERICAN SURETY CO. v. CITY OF SANTA BARBARA

Nos. 6661, 6662.

56 F.2d 769 (1932)

AMERICAN SURETY CO. OF NEW YORK v. CITY OF SANTA BARBARA et al. (two cases).

Circuit Court of Appeals, Ninth Circuit.

March 7, 1932.

Attorney(s) appearing for the Case

Haight, Mathes & Sheppard and James C. Sheppard, all of Los Angeles, Cal., for appellant.

Julien F. Goux, City Atty., of Santa Barbara, Cal., for appellee City of Santa Barbara.

Bailie, Turner & Lake, Norman A. Bailie, Richard A. Turner, and Allen T. Lynch, all of Los Angeles, Cal., for appellee Municipal Bond Co.

Before WILBUR and SAWTELLE, Circuit Judges.

WILBUR, Circuit Judge.

The American Surety Company, appellant, executed a bond on behalf of George A. Simpson Company, contractor, for the benefit of laborers and materialmen furnishing labor or material for the street work which the contractor was to perform under and in pursuance of a contract with the street superintendent of the city of Santa Barbara, Cal., executed under the authority of and in compliance with the provisions...

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