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IN RE DAVID LUPTON'S SONS CO.

No. 6254.

92 F.2d 153 (1937)

In re DAVID LUPTON'S SONS CO. SHANER et al. v. SWIND et al.

Circuit Court of Appeals, Third Circuit.

August 13, 1937.

Attorney(s) appearing for the Case

Rawle & Henderson, of Philadelphia, Pa. (Thomas F. Mount, of Philadelphia, Pa., and John W. Henderson, of counsel), for appellants.

Arthur Littleton, of Philadelphia, Pa. (Morgan, Lewis & Bockus, of Philadelphia, Pa., of counsel), for appellees.

Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.

BIGGS, Circuit Judge.

George W. Shaner & Sons, a copartnership, one of the appellants herein, entered into a contract to build a mental hospital at Lakewood, N. J., with Camden County, the State of New Jersey, and gave bond as required by statute (chapter 75, p. 203, Laws 1918, New Jersey, as amended by P.L.1920, p. 243 [Comp.St.Supp.1924, §§ 107 — 149C(1) to 107 — 149C(4)]). Under the bond and pursuant to the statute the obligee was bound...

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