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LEVY v. UNITED STATES FIDELITY & GUARANTY CO.

No. 7103.

68 F.2d 329 (1934)

LEVY et al. v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Fifth Circuit.

January 10, 1934.

Attorney(s) appearing for the Case

Walter Brower and J. Kirkman Jackson, both of Birmingham, Ala., for appellants.

Frank E. Spain, of Birmingham, Ala., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Bessemer Engineering & Construction Company obtained a highway construction contract in Alabama, and sublet it in its entirety to Flowers. Union Indemnity Company was Bessemer's surety to the state for the performance of its contract; appellee, Flowers' surety to Bessemer. It brought this suit as Bessemer's assignee to hold appellee on its bond for sums paid out on account of the contract which it is claimed Flowers and his surety had...

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