CITY OF BURLINGTON v. CENTURY INDEMNITY CO.

No. 354, Docket 24330.

245 F.2d 188 (1957)

CITY OF BURLINGTON, Appellee, v. CENTURY INDEMNITY CO., Appellant.

United States Court of Appeals Second Circuit.

Decided June 6, 1957.


Attorney(s) appearing for the Case

Hilton A. Wick, Edmunds, Austin & Wick, Burlington, Vt., for Century Indemnity Co.

Bernard J. Leddy, Robert W. Eastman, Burlington, Vt., for City of Burlington.

Before HAND, MEDINA and WATERMAN, Circuit Judges.


HAND, Circuit Judge.

The defendant appeals from a judgment against it entered upon the verdict of a jury in an action upon a contract to execute a "performance bond." The jurisdiction of the district court depended upon diverse citizenship, the defendant being a Connecticut corporation and the plaintiff a city in Vermont. The only question which we find it necessary to consider is whether the judge should have granted the defendant's motion at the conclusion of the...

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