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BURLEW v. FIDELITY & CASUALTY CO.

No. 6221.

64 F.2d 976 (1933)

BURLEW v. FIDELITY & CASUALTY CO. OF NEW YORK.

Circuit Court of Appeals, Sixth Circuit.

May 12, 1933.

Attorney(s) appearing for the Case

Thomas E. Sandidge, of Owensboro, Ky. (Thomas E. Sandidge, W. P. Sandidge, and Sandidge & Sandidge, all of Owensboro, Ky., on the brief), for appellant.

E. B. Anderson, of Owensboro, Ky., for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The proceeding below was a suit by the owner against the surety on a building contractor's bond for the construction of a residence and garage. He appeals from a decree dismissing the petition.

On November 12, 1927, the owner entered into a written contract with one L. A. Monarch, contractor, for the construction of a residence and garage in Owensboro, Ky., for the sum of $34,000. On the same day the contractor furnished a bond, with...

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