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ZOBY v. AMERICAN FIDELITY COMPANY

No. 7324.

242 F.2d 76 (1957)

L. T. ZOBY, trading as L. T. Zoby & Sons, Appellant, v. AMERICAN FIDELITY COMPANY, a foreign corporation, New Hampshire Fire Insurance Company, a foreign corporation, and Alexander M. Heron, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 6, 1957.

Attorney(s) appearing for the Case

Frederick T. Stant, Jr., Norfolk, Va. (P. A. Agelasto, Jr., Norfolk, Va., on brief), for appellant.

Barron F. Black, Norfolk, Va. (Vandeventer, Black & Meredith, Norfolk, Va., on brief), for appellees.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.

SOBELOFF, Circuit Judge.

This appeal challenges the correctness of orders granting defendants' motions for summary judgment on plaintiff's original complaint and amended complaint.

Regent Contracting Company defaulted on its contract with the Navy to construct, for a consideration of $338,000.00, a steam generator at the United States Naval Air Station at Oceana, Virginia. The Navy notified Regent's sureties, the defendants, who are appellees

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