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NATIONAL SURETY CO. OF NEW YORK v. ULMEN

No. 7223.

68 F.2d 330 (1933)

NATIONAL SURETY CO. OF NEW YORK v. ULMEN.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 24, 1934.

Attorney(s) appearing for the Case

John G. Brown, L. V. Ketter, and John C. Erickson, all of Helena, Mont., for appellant.

P. F. Leonard, of Miles City, Mont., Thomas M. Murn, of Terry, Mont., and Lowndes Maury, of Butte, Mont., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NORCROSS, District Judge.

SAWTELLE, Circuit Judge.

As part of a contract for the construction of a road for the state highway commission of the state of Montana, R. A. Schwieger, the contractor, who is not a party to this suit, made the following agreement:

"40. Barricades, Danger, Warning and Detour Signs. The contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient red lights, warning and danger signals and signs, provide a sufficient...

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