BANK OF ARIZONA v. NATIONAL SURETY CORPORATION

No. 14903.

237 F.2d 90 (1956)

The BANK OF ARIZONA, a Corporation, Appellant, v. NATIONAL SURETY CORPORATION, a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

As Amended October 5, 1956.


Attorney(s) appearing for the Case

Favour & Quail, John M. Favour, Prescott, Ariz., for appellant.

Moore & Romley, Phoenix, Ariz., for appellee.

Before STEPHENS and BONE, Circuit Judges, and GOODMAN, District Judge.


BONE, Circuit Judge.

On this appeal we are called upon to determine the validity of conflicting claims to moneys paid by the Government pursuant to a contract. One claim is founded on an assignment to a surety contained in the application for a contract bond; the other founded on an assignment to a bank, given as consideration for moneys loaned to the contractor. The sequence of events makes their dates assume significance. For convenience parties here involved will...

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