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FARMERS' BANK v. HAYES

No. 5891.

58 F.2d 34 (1932)

FARMERS' BANK v. HAYES et al.

Circuit Court of Appeals, Sixth Circuit.

April 15, 1932.

Attorney(s) appearing for the Case

J. A. Fowler, of Knoxville, Tenn. (C. J. Cullom, of Livingston, Tenn., and H. G. Fowler and S. F. Fowler, both of Knoxville, Tenn., on the brief), for appellant.

T. G. McConnell, of Knoxville, Tenn. (Frantz, McConnell & Seymour, of Knoxville, Tenn., on the brief), for appellees.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The suit arises out of a contract by appellee Hayes to erect school buildings for the board of trust, a bond executed by the surety company to guarantee performance by Hayes, subsequent loans to Hayes by appellant, an alleged assignment to it of earned estimates and retained percentages under the contract, the default of Hayes, the payment of materialmen by the surety, and the conflicting claims of the bank and surety company to the balance...

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