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UNITED STATES v. JOHNSON, SMATHERS & ROLLINS

No. 3441.

67 F.2d 121 (1933)

UNITED STATES, for Use and Benefit of CRANE CO., v. JOHNSON, SMATHERS & ROLLINS, et al.

Circuit Court of Appeals, Fourth Circuit.

October 3, 1933.

Attorney(s) appearing for the Case

Kester Walton, of Asheville, N. C. (Harkins, Van Winkle & Walton, of Asheville, N. C., on the brief), for appellant.

J. Bat Smathers, of Asheville, N. C. (Johnson, Smathers & Rollins, of Asheville, N. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

This action at law was brought in the District Court in the name of the United States, for the use of Crane Company, against Murch Brothers Construction Company and Southern Surety Company of New York, to recover for material furnished in the construction of the United States post office and court house building in Asheville, N. C. The suit is based upon a contractor's performance bond, whereby the defendants, as contractor and surety, respectively...

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