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CITY OF ORANGE v. FIDELITY & DEPOSIT CO.

No. 12950.

180 F.2d 369 (1950)

CITY OF ORANGE v. FIDELITY & DEPOSIT CO. OF MARYLAND.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 5, 1950.

Attorney(s) appearing for the Case

E. L. Reid, Orange, Tex., Charles S. Pipkin, Beaumont, Tex., for appellant.

John G. Tucker, Beaumont, Tex., for appellee.

Before McCORD and BORAH, Circuit Judges, and WRIGHT, District Judge.

WRIGHT, District Judge.

Article 51601 of the Revised Civil Statutes of Texas, Vernon's Ann.Civ.St. art. 5160, provides that all monies due a contractor after completion of a contract for public work must be held by the public authority concerned until satisfactory evidence is submitted showing that all bills for labor and material provided under the contract are paid. Here the City of Orange paid...

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