UNITED STATES v. MARYLAND CAS. CO.

No. 14354.

204 F.2d 912 (1953)

UNITED STATES v. MARYLAND CAS. CO. et al.

United States Court of Appeals Fifth Circuit.

May 29, 1953.


Attorney(s) appearing for the Case

Charles W. Tayler, Attorneys D. of J., George W. Meuth, Washington, D. C., John D. Hill, U. S. Atty., Wm. L. Hogue, Asst. U. S. Atty., Birmingham, Ala., for appellant. Warren E. Burger, Asst. Atty. Gen., Claims Division, Marvin C. Taylor, Chief, Frauds Section, Claims Division, Washington, D. C., of counsel.

H. H. Grooms, Geo. W. Yancey and Reid B. Barnes, Birmingham, Ala., for appellees.

Before HUTCHESON, Chief Judge, and BORAH and RUSSELL, Circuit Judges.


HUTCHESON, Chief Judge.

Joining in the one suit the three surety companies, appellant here, plaintiff below, brought this suit to recover on six bonds, four of them performance, and two of them fidelity, bonds.

The four performance bonds, executed by Cecil Gardner as principal and Maryland Casualty Company as surety, insured the performance by Gardner of two contracts, one to supply gas to the Sylacauga, Alabama Housing Authority the other to supply it to...

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