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FIDELITY & CASUALTY CO. v. UNITED STATES

No. 6413.

70 F.2d 895 (1934)

FIDELITY & CASUALTY CO. OF NEW YORK v. UNITED STATES for Benefit of DAUGHERTY et al.

Circuit Court of Appeals, Sixth Circuit.

May 11, 1934.

Attorney(s) appearing for the Case

L. A. Faurest, of Elizabethtown, Ky. (Faurest & Faurest, of Elizabethtown, Ky., on the brief), for appellant.

O. M. Mather, of Hodgenville, Ky. (L. B. Handley, of Hodgenville, Ky., on the brief), for appellees.

Before HICKS and SIMONS, Circuit Judges, and HAHN, District Judge.

HICKS, Circuit Judge.

The Daugherty Lumber Company, herein called Lumber Company, contracted in writing with the United States to erect a comfort station and lay a limestone walk at the Lincoln Birthplace Memorial in La Rue county, Ky. Appellant, the Fidelity & Casualty Company of New York, executed the surety bond required by title 40, § 270, U. S. C. (40 USCA § 270). Appellee O. T. Daugherty, subcontractor, furnished labor and material for the work...

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