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MASSACHUSETTS BONDING & INSURANCE CO. v. FEUTZ

No. 14070.

182 F.2d 752 (1950)

MASSACHUSETTS BONDING & INSURANCE CO. v. FEUTZ et al.

United States Court of Appeals Eighth Circuit.

June 27, 1950.

Attorney(s) appearing for the Case

John Murphy, Kansas City, Mo. (Herbert E. Barnard, St. Louis, Mo., Tucker, Murphy, Wilson & Siddens, Kansas City, Mo., and Walther, Hecker, Walther & Barnard, St. Louis, Mo., on the brief), for appellant.

Wilbur B. Jones and Arthur J. Freund, St. Louis, Mo. (Salkey & Jones, St. Louis, Mo., on the brief), for appellees W. F. Feutz, W. R. Courtney and J. C. Mundy.

G. W. Marsalek, St. Louis, Mo. (Moser, Marsalek, Carpenter, Cleary & Carter, St. Louis, Mo., Paul G. Koontz, and Kemp, Koontz, Claggett & Norquist, Kansas City, Mo., on the brief), for appellee Maryland Casualty Co.

Before GARDNER, Chief Judge, and THOMAS and COLLET, Circuit Judges.

GARDNER, Chief Judge.

This is an appeal from a judgment in favor of W. F. Feutz, W. R. Courtney and J. C. Mundy and against Massachusetts Bonding and Insurance Company, entered on verdict of a jury. We shall refer to the parties as they were designated in the trial court.

The action is for the recovery of damages for the alleged breach of a surety bond executed by defendant, appellant herein. It is alleged in the complaint that plaintiff W. F. Feutz entered...

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