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FIRST CAMDEN NAT. BANK & TR. CO. v. ÆTNA CAS & S. CO.

No. 7996.

132 F.2d 114 (1942)

FIRST CAMDEN NAT. BANK & TRUST CO. v. ÆTNA CASUALTY & SURETY CO.

Circuit Court of Appeals, Third Circuit.

Decided December 4, 1942.

Rehearing Denied January 8, 1943.

Attorney(s) appearing for the Case

Joseph W. Henderson, of Philadelphia, Pa. (Rawle & Henderson, of Philadelphia, Pa., Starr, Summerill & Lloyd, of Camden, N. J., Alfred E. Driscoll, of Newark, N. J., and Thomas F. Mount, of Philadelphia, Pa., on the brief), for appellant.

Wm. T. Boyle, of Camden, N. J. (Boyle & Archer, of Camden, N. J., on the brief), for appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

On February 28, 1935 the United States entered into a contract with William Eisenberg & Sons Inc., a New Jersey Corporation, to build a dam in Ohio. As required by the Heard Act, 40 U.S.C.A. § 270, the contractor furnished a bond on which the defendant, the Ætna Casualty and Surety Company, was surety, to secure performance of the work and payment of claims for labor and materials. The application for the bond provided that the...

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