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NATIONAL SURETY CORPORATION v. WUNDERLICH

No. 11414.

111 F.2d 622 (1940)

NATIONAL SURETY CORPORATION v. WUNDERLICH.

Circuit Court of Appeals, Eighth Circuit.

May 2, 1940.

Attorney(s) appearing for the Case

Pierce Butler, Jr., of St. Paul, Minn. (J. C. Foote and Doherty, Rumble, Butler, Sullivan & Mitchell, all of St. Paul, Minn., on the brief), for appellant.

Joseph W. Finley, of St. Paul, Minn. (Joseph A. Maun and Bundlie, Kelley & Finley, all of St. Paul, Minn., on the brief), for appellee.

Before SANBORN, THOMAS, and VAN VALKENBURGH, Circuit Judges.

THOMAS, Circuit Judge.

This is an action brought by appellee against appellant, the surety on a bond executed by the Hardaway Contracting Company as principal and running to the State of Alabama as obligee. The appellee, a subcontractor on an Alabama road construction project, seeks recovery from the surety for an unpaid balance alleged to be due for labor and materials furnished to the Hardaway Company, general contractor for the project. Judgment was entered in...

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