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JOHN R. ALLEY & CO. v. FEDERAL NAT. BANK

No. 2318.

124 F.2d 995 (1942)

JOHN R. ALLEY & CO., Inc., et al. v. FEDERAL NAT. BANK OF SHAWNEE, SHAWNEE COUNTY, OKL.

Circuit Court of Appeals, Tenth Circuit.

January 13, 1942.

Attorney(s) appearing for the Case

William J. Crowe, of Oklahoma City, Okl. (James S. Twyford and Solon W. Smith, both of Oklahoma City, Okl., on the brief), for appellants.

Mark Goode, of Shawnee, Okl. (John L. Goode, of Shawnee, Okl., on the brief), for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

John R. Alley & Company, Inc.,1 entered into certain contracts with the Oklahoma State Highway Commission for the construction of highways. It completed the work but failed to pay a number of labor and material bills, and it became necessary for the bonding company2 to assume and pay these bills. The company instituted suit to determine its right and the right of other claimants to...

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