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AMERICAN SURETY CO. OF NEW YORK v. UNITED STATES

No. 7534.

76 F.2d 67 (1935)

AMERICAN SURETY CO. OF NEW YORK v. UNITED STATES ex rel. BARROW-AGEE LABORATORIES, Inc.

Circuit Court of Appeals, Fifth Circuit.

March 12, 1935.

Attorney(s) appearing for the Case

E. Wayles Browne, of Shreveport, La., for appellant.

Whitfield Jack, of Shreveport, La., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

The American Surety Company, as surety on the bond of a contractor for public work of the United States under 40 USCA § 270, the work being the construction of gravel roads, was held liable to pay Barrow-Agee Laboratories, Inc., for services in inspecting and testing the gravel used, and appeals. The bond as required by the statute is conditioned for the performance of the contract and for the prompt payment of all persons supplying the...

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