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CONTINENTAL CASUALTY CO. v. SCHAEFER

No. 11707.

173 F.2d 5 (1949)

CONTINENTAL CASUALTY CO. v. SCHAEFER. GOERIG et al. v. CONTINENTAL CASUALTY CO. MACRI et al. v. SCHAEFER.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 5, 1949.

Attorney(s) appearing for the Case

Eugene D. Ivy and Elwood Hutcheson, both of Yakima, Wash., for appellant Continental Casualty Co.

S. W. Brethorst, Tom W. Holman, Thomas N. Fowler, and Warren L. Dewar, all of Seattle, Wash., for appellants Macri.

Olson & Palmer, of Yakima, Wash., and Stuart W. Hill, Portland, Or., for appellee Schaefer.

Before DENMAN, Chief Judge, and HEALY and BONE, Circuit Judges.

DENMAN, Chief Judge.

The several Macris, hereafter so called, contractors on a government contract under the Miller Act,1 appeal from a judgment in favor of Schaefer, their subcontractor, for labor and materials furnished in the performance of a subcontract and modification thereof.

Continental Casualty Company, hereafter called Continental, appeals from a judgment against it as surety on the contract between the Macris and the...

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