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UNITED STATES SHIPPING BD. M. F. CORP. v. ÆTNA CAS. & S. CO.

No. 6960.

98 F.2d 238 (1938)

UNITED STATES SHIPPING BOARD MERCHANT FLEET CORPORATION, to Use of UNITED STATES, v. ÆTNA CASUALTY & SURETY CO.

United States Court of Appeals for the District of Columbia.

Decided April 18, 1938.

Attorney(s) appearing for the Case

Leslie C. Garnett, U. S. Atty., and Keith Carlin, both of Washington, D. C., for appellant.

Challen B. Ellis and Kahl K. Spriggs, both of Washington, D. C., and Charles F. Quantrell, of New York City, for appellee.

Before GRONER, Chief Justice, and STEPHENS and EDGERTON, Associate Justices.

GRONER, C. J.

The United States Shipping Board1 brought this action in the court below against the Ætna Casualty & Surety Company upon a bond dated January 27, 1920. Sigsbee Humphrey & Company, Inc. (hereinafter referred to as Sigsbee), was the principal obligor; the Ætna Company the surety.

The case was tried without a jury. The trial judge made certain findings of fact and conclusions of law, as the result of...

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