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LUCAS v. WESTERN CASUALTY & SURETY CO.

No. 3867.

176 F.2d 506 (1949)

LUCAS v. WESTERN CASUALTY & SURETY CO.

United States Court of Appeals Tenth Circuit.

July 27, 1949.

Attorney(s) appearing for the Case

Julian B. Fite, Muskogee, Okl., for appellant.

Clyde Watts, Oklahoma City, Okl. (Looney, Watts, Ross, Looney & Smith, Oklahoma City, Okla., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Chief Judge.

A. H. Leal entered into a contract with the Oklahoma Highway Commission for the construction of certain highway projects. Pursuant to 61 Okl.St.Ann. § 1, Leal, as principal, and Western Casualty & Surety Company1 entered into a bond conditioned for the payment of all indebtedness incurred for labor or materials furnished in the construction of such highway projects. Leal entered into a contract with Lucas...

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