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WESTERN CONTRACTING CORP. v. NATIONAL SURETY CORP.

No. 5607.

163 F.2d 456 (1947)

WESTERN CONTRACTING CORPORATION et al. v. NATIONAL SURETY CORPORATION.

Circuit Court of Appeals, Fourth Circuit.

September 16, 1947.

Attorney(s) appearing for the Case

James M. Guiher, of Charleston, W. Va., (Steptoe & Johnson, of Charleston, W. Va., on the brief), for appellants and cross-appellees.

Thomas B. Jackson, of Charleston, W. Va. (Jackson, Kelly, Morrison & Moxley, of Charleston, W. Va., on the brief), for appellee and cross-appellant.

Before PARKER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

PARKER, Circuit Judge.

Western Contracting Company and Ralph Myers Construction Company, acting together as joint venturers under the name of Myers-Western, entered into a contract with the United States for the construction of an airport at Parkersburg, W. Va. They then made a subcontract with one Haddad to do the drainage work required by the principal contract. Haddad gave a performance bond and a payment bond, with the National Surety Company as surety on both...

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