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CALIFORNIA BANK v. UNITED STATES FIDELITY & GUAR. CO.

No. 10020.

129 F.2d 751 (1942)

CALIFORNIA BANK v. UNITED STATES FIDELITY & GUARANTY CO.

Circuit Court of Appeals, Ninth Circuit.

July 27, 1942.

Attorney(s) appearing for the Case

Swanwick, Donnelly & Proudfit, Charles E. Donnelly, R. W. Proudfit, Donald O. Welton and Tom W. Henderson, all of Los Angeles, Cal., for appellant.

Gerald F. H. Delamer, Walter O. Schell, and Carleton B. Wood, all of Los Angeles, Cal., for appellee.

Before MATHEWS, HANEY, and HEALY, Circuit Judges.

MATHEWS, Circuit Judge.

In September, 1937, Nels A. Anderson, a citizen of California, made two contracts with the United States. Thereby Anderson agreed to construct in California certain buildings for the United States, and the United States agreed to pay Anderson therefor amounts aggregating $141,000. As required by § 1(a) of the Act of August 24, 1935, c. 642, 49 Stat. 793, 40 U.S.C.A. § 270a(a), Anderson furnished to the United States two performance...

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