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CONTINENTAL CASUALTY CO. v. CLARENCE L. BOYD CO.

No. 2788.

140 F.2d 115 (1944)

CONTINENTAL CASUALTY CO. v. CLARENCE L. BOYD CO.

Circuit Court of Appeals, Tenth Circuit.

January 13, 1944.

Attorney(s) appearing for the Case

Clayton B. Pierce, of Oklahoma City, Okl., for appellant.

R. D. Hudson and W. E. Hudson, both of Tulsa, Okl., for appellee.

Before PHILLIPS and BRATTON, Circuit Judges, and VAUGHT, District Judge.

PHILLIPS, Circuit Judge.

On May 3, 1941, the Central Construction Company1 entered into a contract with the United States to construct certain improvements at Municipal Airport No. 1 in Tulsa, Oklahoma. On the same day, Central, as principal, and the Continental Casualty Company,2 as surety, executed a payment bond pursuant to the requirements of the Miller Act, 40 U.S.C.A. §§ 270a and 270b, 49 Stat...

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