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UNITED STATES v. UNITED STATES FIDELITY & GUAR. CO.

No. 386.

113 F.2d 888 (1940)

UNITED STATES for Use of W. E. FOLEY & BRO., Inc., v. UNITED STATES FIDELITY & GUARANTY CO. et al.

Circuit Court of Appeals, Second Circuit.

August 9, 1940.

Attorney(s) appearing for the Case

Louis Susman, of New York City (John C. Spallone, of New York City, on the brief), for appellant.

Phillips, Mahoney & Fielding, of New York City (John A. Bell, Jr., of New York City, of counsel), for American Surety Company, appellee.

Before SWAN, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.

SWAN, Circuit Judge.

This case was tried under a stipulation waiving a jury and also waiving the making of findings of fact and conclusions of law by the court. The district judge, however, wrote an opinion, reported in D.C., 28 F.Supp. 443, in which the facts are sufficiently set forth. They need not be repeated here.

The subcontractor (for brevity referred to as Foley) was charged by Fiumara with two types of breach...

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