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NATIONAL SURETY CO. v. GEORGE E. BREECE LUMBER CO.

No. 583.

60 F.2d 847 (1932)

NATIONAL SURETY CO. v. GEORGE E. BREECE LUMBER CO.

Circuit Court of Appeals, Tenth Circuit.

August 5, 1932.

Attorney(s) appearing for the Case

E. R. Wright, of Santa Fé, N. M. (Jones, Goldstein, Hardie & Grambling, of El Paso, Tex., and Donovan N. Hoover, of Santa Fé, N. M., on the brief), for appellant.

J. Benson Newell, of Las Cruces, N. M. (W. C. Whatley, of Las Cruces, N. M., on the brief), for appellee.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.

PHILLIPS, Circuit Judge.

On September 7, 1926, the lumber company entered into a contract with Cooper and Otey, a partnership composed of C. H. Cooper and Charles B. Otey, by which the partnership agreed to cut, skid, and deliver to the lumber company fifty million feet of logs on the Mescalero Indian Reservation in Otero County, New Mexico.

Thereafter Cooper and Otey as principal and the National Surety Company as surety entered into a bond, the material...

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