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STANDARD ACCIDENT INS. CO. v. UNITED STATES

No. 8327.

89 F.2d 658 (1937)

STANDARD ACCIDENT INS. CO. v. UNITED STATES, for Use and Benefit of POWELL et al.

Circuit Court of Appeals, Fifth Circuit.

April 14, 1937.

Attorney(s) appearing for the Case

Stuart B. Warren, of St. Petersburg, Fla., for appellant.

Jno. Bell, of Tampa, Fla., for appellees.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant is surety on a post office construction bond given pursuant to section 270, title 40 U.S.C.A.1 Appellee is a carrier, which, having transported materials used in the work, sued upon the bond for its unpaid freight bills. Appellant's demurrer, that a railroad company as to freight charges, is not, within the meaning of the bond, "a corporation who has furnished labor or materials used in the construction...

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