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UNITED STATES FIDELITY & GUARANTY CO. v. SANITARY DIST.

No. 4849.

63 F.2d 827 (1933)

UNITED STATES FIDELITY & GUARANTY CO. v. SANITARY DIST. OF ROCKFORD, for Use of ROCKFORD LUMBER & FUEL CO.

Circuit Court of Appeals, Seventh Circuit.

March 23, 1933.

Attorney(s) appearing for the Case

Dwight S. Bobb, of Chicago, Ill., Thomas E. Gill, of Rockford, Ill., and Eugene P. Kealy and F. M. Hartman, both of Chicago, Ill., counsel for appellant.

John Early and B. B. Early, both of Rockford, Ill., counsel for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

EVANS, Circuit Judge.

This action was brought in the Illinois state court and transferred to the United States District Court because of diversity of citizenship.

Appellee sought a judgment against appellant on a surety bond which it executed in favor of the Sanitary District of Rockford. The Rockford Lumber & Fuel Co. was the materialman that furnished the material under a subcontract. The court directed a verdict...

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