UNITED STATES v. MARYLAND CASUALTY CO.

No. 10921.

146 F.2d 379 (1944)

UNITED STATES, for Use and Benefit of SMITH, v. MARYLAND CASUALTY CO. et al.

Circuit Court of Appeals, Fifth Circuit.

December 18, 1944.


Attorney(s) appearing for the Case

Turner B. Morgan, of Shreveport, La., and Cary M. Abney, of Marshall, Tex., for appellant.

L. Percy Garrot, of Shreveport, La., for appellees.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.


WALLER, Circuit Judge.

Smith, the appellant, rented four tractors and a bull dozer to Glassell-Taylor Co. & Robinson-Young, as Associated Contractors, who had a contract with the United States to do grading at the site of an ordnance plant to be constructed at Karnack, Texas. Maryland Casualty Company was surety on the construction bond furnished by the Contractors.

The contract was terminable at the option of Contractors upon notice to lessor, but they...

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