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E. J. ALBRECHT CO. v. NEW AMSTERDAM CASUALTY CO.

No. 9329.

164 F.2d 389 (1947)

E. J. ALBRECHT CO. v. NEW AMSTERDAM CASUALTY CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 17, 1947.

Attorney(s) appearing for the Case

Hirsch E. Soble, of Chicago, Ill., for appellant.

Louis L. Dent, George M. Weichelt, John P. Hampton, Roger D. Doten, Donald W. Nofri, A. R. Peterson, Owen Rall and John R. Porter, all of Chicago, Ill., for appellee.

Before EVANS, MAJOR, and MINTON, Circuit Judges.

EVANS, Circuit Judge.

Plaintiff, a contractor, sued a subcontractor's surety for damages for breach of contract. The subcontractor intervened as a defendant and filed an answer and a counterclaim. The surety filed an answer advancing a plurality of defenses.

The jury found against plaintiff on its complaint and for the defendant on his counterclaim giving him a verdict for $15,000. A directed verdict in favor of the surety was entered at the close of the plaintiff...

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