FIDELITY & DEPOSIT CO. v. NEW YORK CITY HOUSING AUTH.

No. 82, Docket 24196.

241 F.2d 142 (1957)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Plaintiff-Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Caruso-Sturcey Corporation, Arnold Lewis, as assignee of Caruso-Sturcey Corporation, People of the State of New York, Defendants, and United States of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 8, 1957.


Attorney(s) appearing for the Case

Maurice, McNamee & Dart, New York City (Stewart Maurice and Robert F. Dart, New York City, of counsel), for plaintiff-appellant.

Paul W. Williams, U. S. Atty., for the Southern Dist. of New York, New York City (Arthur B. Kramer and Miriam R. Goldman, Asst. U. S. Attys., New York City, of counsel), for defendant-appellee.

Before SWAN, MEDINA and WATERMAN, Circuit Judges.


MEDINA, Circuit Judge.

This case was tried below on an agreed statement of facts. Caruso-Sturcey Corporation contracted on June 21, 1949 with the New York City Housing Authority to install heating and ventilating facilities on a housing project. The contract required Caruso to give a performance bond, not involved in this litigation, and a payment bond for laborers and materialmen. This the contractor did when it executed the bonds on July 11, 1949 with Fidelity and...

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