MARIS, District Judge.
This is an action in assumpsit brought by the City of Reading against the United States Fidelity & Guaranty Company. The facts averred in the statement of claim may be summarized as follows:
On April 5, 1934, the City of Reading entered into a contract with Walter S. Rae for the construction of a water supply tunnel. On the same day Rae and defendant, United States Fidelity & Guaranty Company, executed and delivered to the city...
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