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MORGENTHAU v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 7032.

94 F.2d 632 (1937)

MORGENTHAU et al. v. FIDELITY & DEPOSIT CO. OF MARYLAND.

United States Court of Appeals for the District of Columbia.

Decided December 13, 1937.

Attorney(s) appearing for the Case

Leslie C. Garnett, U. S. Atty., and Allen J. Krouse, Asst. U. S. Atty., both of Washington, D. C., for appellants.

Bynum E. Hinton and Alexander M. Heron, both of Washington, D. C., for appellee.

Before GRONER, STEPHENS, and MILLER, Associate Justices.

GRONER, J.

Durso, a resident of Massachusetts, entered into a contract with the United States for the construction of a government building in Vermont. Fidelity & Deposit Company executed the surety bond,1 section 270, U.S.C.A., T. 40. Durso simultaneously entered into an agreement with the surety by which he assigned all retained percentages and all sums which might become due under the contract...

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