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HOCHEVAR v. MARYLAND CASUALTY CO.

No. 8266.

114 F.2d 948 (1940)

HOCHEVAR et al. v. MARYLAND CASUALTY CO.

Circuit Court of Appeals, Sixth Circuit.

October 15, 1940.

Attorney(s) appearing for the Case

George C. McKelvey, of St. Clairsville, Ohio (Ross Michener, of Bridgeport, Ohio, and Geo. C. McKelvey, of St. Clairsville, Ohio, on the brief), for appellants.

Earl R. Lewis, of St. Clairsville, Ohio (F. E. Pausch, of Baltimore, Md., and Thornburg & Lewis, of St. Clairsville, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

ARANT, Circuit Judge.

The Commissioners of Belmont County, Ohio, entered into a written contract with the Burd Construction Company on June 20, 1928, for the grading and paving of a section of county road by November 1, 1929. The County was to retain fifteen per cent of monthly estimates until completion of the work.1 Appellee executed a bond, conditioned to be void upon performance of the contract...

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