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ÆTNA CASUALTY & SURETY CO. v. B. B. B. CONST. CORP.

Nos. 157, 158, Dockets 21207, 21208.

173 F.2d 307 (1949)

ÆTNA CASUALTY & SURETY CO. v. B. B. B. CONST. CORPORATION.

United States Court of Appeals Second Circuit.

Writ of Certiorari Denied May 31, 1949.

Attorney(s) appearing for the Case

David Morgulas, of New York City (M. Carl Levine, Morgulas & Foreman, of New York City, on the brief), for plaintiff-appellant.

Joseph Joffe, of New York City (Joffe & Joffe, of New York City, on the brief), for defendant-appellee.

Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.

Writ of Certiorari Denied May 31, 1949. See 69 S.Ct. 1158.

CLARK, Circuit Judge.

The single question presented below and on this appeal is the liability of a surety on a payment bond, given for the protection of persons furnishing labor and materials in the construction of public works, to pay interest to a claimant after all principal claims have been paid in full. The question arises in the surety's action of interpleader, with which the separate actions...

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