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LAKE COUNTY v. MASSACHUSETTS BONDING & INSURANCE CO.

No. 7398.

75 F.2d 6 (1935)

LAKE COUNTY, for Use and Benefit of BAXLEY, v. MASSACHUSETTS BONDING & INSURANCE CO.

Circuit Court of Appeals, Fifth Circuit.

February 6, 1935.

Attorney(s) appearing for the Case

H. C. Tillman, of Tampa, Fla., for appellant.

Francis M. Holt and Harry T. Gray, both of Jacksonville, Fla., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was on a construction bond given by "one Hardee, doing business as Hardee Construction Company" in connection with road work he did for Lake county, Fla. The claim was that as evidenced by the judgment, plaintiff had gotten against Hardee, there was due and owing him as "a just debt for labor and materials incurred by the contractor in the construction and improvement of the road contracted for," $12,792.70, the amount he sued for...

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