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STATE OF DELAWARE v. MASSACHUSETTS BONDING & INS. CO.

Civ. No. 246.

49 F.Supp. 467 (1943)

STATE OF DELAWARE, for Use of GENERAL CRUSHED STONE CO. v. MASSACHUSETTS BONDING & INS. CO. et al.

District Court, D. Delaware.

March 17, 1943.

Attorney(s) appearing for the Case

S. Samuel Arsht (of Morris, Steel, Nichols & Arsht), of Wilmington, Del., for plaintiff.

Frederick P. Whitney, of Georgetown, Del., and John J. Morris, Jr. (of Hering, Morris, James & Hitchens), of Wilmington, Del., for defendants.

LEAHY, District Judge.

This is an action to recover a sum alleged to be due for stone furnished in the construction of a certain highway. Counsel for plaintiffs did not desire a jury trial, and defendants' counsel failed to make a proper request for a jury.1 The action was heard by the court, which makes the following findings of fact:

1. Defendant McDermott entered into a contract on June 29, 1939, with the Delaware State Highway...

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