SEABOARD SURETY COMPANY v. DALE CONSTRUCTION CO.

Nos. 5028, 5064.

230 F.2d 625 (1956)

SEABOARD SURETY COMPANY, Plaintiff, Appellant, v. DALE CONSTRUCTION CO. et al., Defendants, Appellees (two cases).

United States Court of Appeals First Circuit.

Rehearing Denied March 22, 1956.


Attorney(s) appearing for the Case

Stuart Macmillan, Boston, Mass., Samuel F. Clapp, Boston, Mass., on the brief, for appellant.

Edward H. Appelstein, Boston, Mass., for appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


Rehearing Denied in No. 5064. March 22, 1956.

WOODBURY, Circuit Judge.

The plaintiff-appellant, Seaboard Surety Company, a New York corporation, brought suit in the court below under its diversity jurisdiction against Dale Construction Co., a Massachusetts corporation, and its two principal officers, both citizens of Massachusetts. The suit was for specific performance of two identical contracts of indemnity executed by Dale and its officers individually in...

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