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H. G. CHRISTMAN CO. v. MICHIGAN GYPSUM CO.

No. 10581.

85 F.2d 474 (1936)

H. G. CHRISTMAN CO. et al. v. MICHIGAN GYPSUM CO. et al.

Circuit Court of Appeals, Eighth Circuit.

September 11, 1936.

Attorney(s) appearing for the Case

Frederic M. Miller, of Des Moines, Iowa (Jesse A. Miller, of Des Moines, Iowa, on the brief), for appellants.

Benedict S. Deinard, of Minneapolis, Minn., and Albert E. May, of Omaha, Neb. (R. L. Parrish and Maxwell A. O'Brien, both of Des Moines, Iowa, and L. Wm. Crawhall, of Minneapolis, Minn., on the brief), for appellees.

Before GARDNER and SANBORN, Circuit Judges, and NORDBYE, District Judge.

SANBORN, Circuit Judge.

This controversy arises out of the construction of the United States Veterans' Hospital at Des Moines, Iowa. The action was one to recover on a bond given by the American Employers Insurance Company, as surety, to secure the performance of the construction contract, as provided by the Heard Act (Act of August 13, 1894, 28 Stat. 278, as amended, Act of February 24, 1905, 33 Stat. 811, and March 3, 1911...

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