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SEABOARD SURETY CO. v. FIRST NAT. BANK & TRUST CO.

No. 11803.

121 F.2d 288 (1941)

SEABOARD SURETY CO. v. FIRST NAT. BANK & TRUST CO. IN SIOUX FALLS.

Circuit Court of Appeals, Eighth Circuit.

June 12, 1941.

Attorney(s) appearing for the Case

Irwin A. Churchill, Lewis Benson, and William S. Churchill, all of Huron, S. D., for appellant.

John H. Voorhees, Theodore M. Bailey, M. T. Woods, Roswell Bottum, and Howell L. Fuller, all of Sioux Falls, S. D., for appellee.

Before STONE, THOMAS, and JOHNSEN, Circuit Judges.

STONE, Circuit Judge.

Robert Graff (doing business as Albert Graff and Company) had separate contracts with the States of Minnesota and of South Dakota for highway construction on definite projects. Appellant was surety on bonds to assure performance of each of these contracts. Its contracts with Graff included an assignment of any amounts due on the contracts, as indemnity for any losses to the surety because of the bonds. When he stopped work thereon, because of...

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