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CITY OF PHILADELPHIA v. NATIONAL SURETY CORPORATION

No. 8321.

140 F.2d 805 (1944)

CITY OF PHILADELPHIA, to Use of WARNER CO., v. NATIONAL SURETY CORPORATION (CITY OF PHILADELPHIA, Third-Party Defendant). NATIONAL SURETY CORPORATION v. CITY OF PHILADELPHIA.

Circuit Court of Appeals, Third Circuit.

Decided January 27, 1944.

Attorney(s) appearing for the Case

George E. Beechwood, of Philadelphia, Pa. (Conlen, La Brum & Beechwood, of Philadelphia, Pa., on the brief), for appellant.

Samuel Feldman, of Philadelphia, Pa. (Robert McCay Green, of Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

In the years from 1927 to 1931 the City of Philadelphia, a first class city of the Commonwealth of Pennsylvania, entered into contracts with Municipal Construction Company, Inc., a Pennsylvania corporation, hereinafter called Municipal, for the paving, maintenance and repair of certain streets in Philadelphia. In connection with each contract Municipal executed a bond with Union Indemnity Company, a Louisiana corporation, as surety, to secure...

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