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UNITED STATES GUARANTEE CO. v. COLONIAL OIL CO.

No. 11130.

145 F.2d 496 (1944)

UNITED STATES GUARANTEE CO. v. COLONIAL OIL CO.

Circuit Court of Appeals, Fifth Circuit.

November 14, 1944.

Attorney(s) appearing for the Case

Hoyt H. Whelchel, of Moultrie, Ga., for appellant.

A. R. Lawton, Jr., of Savannah, Ga., for appellee.

Before HOLMES, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

In the court below appellee sued appellant, as surety on a public contractor's bond, for a balance alleged to be due by F. M. Jones and Leo T. Barber, co-contractors, for gasoline and oil furnished by appellee on the order of F. M. Jones.

The bond was furnished under the provisions of Georgia Code Ann.1933, Section 23-1705 et seq., to secure performance of the contract entered into between F. M. Jones and Leo T. Barber and the State Highway...

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