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MORLEY CONST. CO. v. MARYLAND CASUALTY CO.

No. 10477.

90 F.2d 976 (1937)

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

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 31, 1937.

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., and George F. Cushwa, of Baltimore, Md., on the brief), for appellee.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This was a suit in equity, brought by the surety on a construction bond of standard government form which was given in connection with a public building contract, to compel the application of installments paid upon the contract to the payment for labor and materials going into the building.

A former opinion of this court in said cause will be found in 84 F.2d 522, where the facts are set out in detail...

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