UNITED STATES v. UNITED STATES FIDELITY & GUARANTY CO.

No. 2295.

4 F.Supp. 854 (1933)

UNITED STATES, for Use and Benefit of WALKER et al. v. UNITED STATES FIDELITY & GUARANTY CO. et al.

District Court, D. Wyoming.

October 31, 1933.


Attorney(s) appearing for the Case

Robert Murray Stewart, of Salt Lake City, Utah, for plaintiff.

Ingebretsen, Ray & Rawlins, of Salt Lake City, Utah, for defendant United States Fidelity & Guaranty Co.

Allen T. Sanford, of Salt Lake City, Utah, for defendant Campbell Building Co.


KENNEDY, District Judge.

The above-entitled cause is one in which the plaintiff seeks to recover from a surety company under a bond given to secure the fulfillment of a federal highway project in the state of Wyoming in accordance with the provisions of 40 USCA § 270. A jury was waived by the parties and the cause tried to the court. Two principal issues are raised by the pleadings: (1) As to whether the materials and services for the major amount alleged to...

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