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NATIONAL SURETY CORP. v. CITY OF EXCELSIOR SPRINGS

No. 11965.

123 F.2d 573 (1941)

NATIONAL SURETY CORPORATION v. CITY OF EXCELSIOR SPRINGS, MO., ex rel. and to Use of SCHWARZENBACH.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 18, 1941.

Attorney(s) appearing for the Case

Otto O. Fickeissen, of St. Louis, Mo. (Roy W. Crimm, of Kansas City, Mo., on the brief), for appellant.

Lancie L. Watts, of Kansas City, Mo., for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

This was an action brought for the use of A. C. Fitze against the National Surety Corporation, to recover on a bond given by MacDonald Construction Company to the City of Excelsior Springs, Missouri, on which the National Surety Corporation was the surety. The MacDonald Construction Company had been awarded a contract for the construction of the Hall of Waters in the City of Excelsior Springs. The bond not only insured the performance of the...

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