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ALLEGHENY COUNTY v. MARYLAND CASUALTY CO.

No. 7962.

132 F.2d 894 (1943)

ALLEGHENY COUNTY v. MARYLAND CASUALTY CO.

Circuit Court of Appeals, Third Circuit.

Decided January 22, 1943.

Attorney(s) appearing for the Case

Edward G. Bothwell, of Pittsburgh, Pa. (Walter P. Smart, of Pittsburgh, Pa., on the brief), for appellant.

Oliver K. Eaton, of Pittsburgh, Pa. (Duane R. Dills and Jack J. Levinson, both of New York City, and George W. Dexter, of Baltimore, Md., on the brief), for appellee.

Before BIGGS and MARIS, Circuit Judges, and AVIS, District Judge.

MARIS, Circuit Judge.

The plaintiff, the County of Allegheny, in 1931 purchased 1100 voting machines from the Poole Engineering and Machine Company at a total price of $1,120,900. Alleging a breach of performance of the contract of purchase the county brought suit in a state court against the defendant as surety upon a bond for $200,000 which had been given by the vendor for the faithful performance of the contract. The suit was removed by the defendant to the federal...

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