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CONSOLIDATED INDEMNITY & INS. CO. v. SALMON & COWIN

No. 6770.

64 F.2d 756 (1933)

CONSOLIDATED INDEMNITY & INS. CO. v. SALMON & COWIN, Inc., MINING ENGINEERS AND CONTRACTORS.

Circuit Court of Appeals, Fifth Circuit.

April 22, 1933.

Attorney(s) appearing for the Case

M. C. Stewart and Frank M. Young, both of Birmingham, Ala., for appellant.

William S. Pritchard and James W. Aird, both of Birmingham, Ala., for appellee.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

FOSTER, Circuit Judge.

The firm of Sutton Bros. obtained a contract to do certain road work in Tennessee, and gave the statutory bond required with appellant, the Consolidated Indemnity & Insurance Company, a New York corporation, as surety. Appellee, Salmon & Cowin, Inc., an Alabama corporation, obtained a subcontract to do part of the work. Appellees brought suit against the surety alone to recover a balance due for labor and material furnished in completing...

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