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MARYLAND CASUALTY CO. v. PORTLAND CONST. CO.

No. 316.

71 F.2d 658 (1934)

MARYLAND CASUALTY CO. v. PORTLAND CONST. CO. et al.

Circuit Court of Appeals, Second Circuit.

June 18, 1934.

Attorney(s) appearing for the Case

M. G. Leary and K. Paul Fennell, both of Burlington, Vt., for appellant.

Francis E. Morrissey, of Bennington, Vt., for Village of Bennington.

E. H. Holden, of Bennington, Vt., and B. L. Stafford, of Rutland, Vt., for certain materialmen.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff is a surety company which on April 26, 1923, executed a bond to the defendant, the Village of Bennington, Vermont, to secure the performance by the defendant, Portland Construction Company, of a contract to lay a pavement and sewer in a street of the village. The condition of the bond among other things was as follows: That the contractor "shall in all respects comply with the terms of the contract * * * and in a manner satisfactory...

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