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ANTHONY P. MILLER, INC. v. NEEDHAM

No. 7627.

122 F.2d 710 (1941)

ANTHONY P. MILLER, Inc., v. NEEDHAM et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 2, 1941.

Attorney(s) appearing for the Case

Edward H. Cushman, of Philadelphia, Pa., for appellant.

Lewis M. Stevens, of Philadelphia, Pa., for appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

This is an action by a general contractor against the surety company which furnished the bonds for a subcontractor's performance, to recover damages sustained by the plaintiff by reason of the subcontractor's inefficiency and his failure to complete the work and pay materialmen. The defences raised by the surety in the court below were: (1) Fraud on the part of the subcontractor which was participated in by the plaintiff1...

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