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GLENN v. AMERICAN SURETY CO.

No. 10302.

160 F.2d 977 (1947)

GLENN v. AMERICAN SURETY CO. et al.

Circuit Court of Appeals, Sixth Circuit

April 1, 1947.

Attorney(s) appearing for the Case

Irving I. Axelrod, of Washington, D. C. (Sewall Key, Louis Monarch and Norman S. Altman, all of Washington, D. C., and David C. Walls and A. Roy Copeland, both of Louisville, Ky., on the brief), for appellant.

Robert L. Blackwell, of Louisville, Ky. (Wm. Marshall Bullitt and R. Lee Blackwell, both of Louisville, Ky., on the brief; Bullitt & Middleton, of Louisville, Ky., of counsel), for appellees.

Before SIMONS, ALLEN and MARTIN, Circuit Judges.

SIMONS, Circuit Judge.

The only substantive question that appears to be left of the controversy in the present posture of the appeal, is whether sureties for the faithful performance by a contractor after satisfying the debts of their principal, are entitled to interest upon the amounts expended, recoverable out of retained percentages as against the claim of the government for taxes asserted against the same funds. The right of the sureties to recover their expenditures...

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