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PENNSYLVANIA R. CO. v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 5701.

81 F.2d 526 (1935)

PENNSYLVANIA R. CO. v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Third Circuit.

On Rehearing January 17, 1936.

Attorney(s) appearing for the Case

George G. Chandler and Robert T. McCracken, both of Philadelphia, Pa., for appellant.

Francis B. Bracken and John Russell, Jr., both of Philadelphia, Pa., for appellee.

Before BUFFINGTON and THOMPSON, Circuit Judges, and JOHNSON, District Judge.

BUFFINGTON, Circuit Judge.

In the court below, the Pennsylvania Railroad Company (hereafter called Railroad) brought suit against the Fidelity & Deposit Company of Maryland (hereafter called Fidelity) upon a security bond given by Fidelity to Railroad for the performance by the Pennsylvania Dock & Warehouse Company (hereafter called Warehouse) of a building contract between it and Railroad, which contract Railroad alleged Warehouse and Fidelity had not fulfilled...

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