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CONSOLIDATED CUT STONE CO. v. HARTFORD ACCIDENT & I. CO.

No. 631.

62 F.2d 975 (1933)

CONSOLIDATED CUT STONE CO. v. HARTFORD ACCIDENT & INDEMNITY CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 20, 1933.

Attorney(s) appearing for the Case

W. A. Daugherty, of Tulsa, Okl. (C. A. Steele, of Tulsa, Okl., on the brief), for appellant.

Herbert S. French, of Tulsa, Okl. (Herbert D. Mason and Harold R. Williams, both of Tulsa, Okl., on the brief), for appellee.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

COTTERAL, Circuit Judge.

J. L. Seidenbach employed J. W. Wilson, by a written contract of August 26, 1926, to erect a building on certain real estate, in Tulsa, Okl. On December 4, 1926, a bond was furnished by Wilson, with the appellee as surety, binding the appellee as surety to Wilson and his heirs and successors, and conditioned that Wilson would perform the terms of the contract and save Seidenbach harmless from all liens for labor and materials. The appellant...

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