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AMERICAN SURETY CO. v. SCOTT

No. 733.

63 F.2d 961 (1933)

AMERICAN SURETY CO. OF NEW YORK v. SCOTT et al.

Circuit Court of Appeals, Tenth Circuit.

March 27, 1933.

Attorney(s) appearing for the Case

Walter E. Schwed, of Denver, Colo. (Edgar McComb and Milton D. Green, both of Denver, Colo., on the brief), for appellant.

Geo. E. McConley, Jr., and Raymond L. Sauter, both of Sterling, Colo. (Raymond M. Sandhouse, of Sterling, Colo., on the brief), for appellees.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

On July 6, 1928, H. L. Scott and Guy Curlee entered into a construction contract with the State of Wyoming for the doing of certain grading and other work on Federal Aid Road Project No. 162-A.

On July 17, 1928, Scott and Curlee entered into a subcontract with the Corbett Construction Company, in which the Construction Company agreed

"To move 100,000 yards of earth more or less at a price of 18c per yard, said dirt to be moved...

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