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MORLEY CONST. CO. v. MARYLAND CASUALTY CO.

No. 10477.

84 F.2d 522 (1936)

MORLEY CONST. CO. et al. v. MARYLAND CASUALTY CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 20, 1936.

Attorney(s) appearing for the Case

Martin J. O'Donnell, of Kansas City, Mo. (William Buchholz, of Kansas City, Mo., on the brief), for appellants.

Spencer F. Harris, of Kansas City, Mo. (Paul G. Koontz, of Kansas City, Mo., on the brief), for appellee.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This is a suit in equity brought by the Maryland Casualty Company against the Morley Construction Company and the Merchants Bank of Kansas City, Mo. Diverse citizenship is alleged and admitted.

It appears that plaintiff executed a surety bond for defendant Morley Construction Company in connection with a construction contract entered into between said Morley Construction Company and the United States. The bond, dated on or about July...

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