UNITED STATES of America, Plaintiff-Appellee,
v.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, United States Fidelity and Guaranty Company, and Century Indemnity Company, Defendants-Appellants.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued April 15, 1958.
Decided April 30, 1958.
Attorney(s) appearing for the Case
Stewart Maurice, of Maurice, McNamee & White, New York City (A. Pearley Feen, Burlington, Vt., on the brief), for defendant-appellant Fidelity and Deposit Co. of Md.
James T. Haugh, Rutland, Vt. (Ryan, Smith & Carbine, John D. Carbine, Rutland, Vt., on the brief), for defendant-appellant U. S. Fidelity and Guaranty Co.
Hilton A. Wick, of Edmunds, Austin & Wick, Burlington, Vt., for defendant-appellant Century Indemnity Co.
Lionel Kestenbaum, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., and Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., and Louis G. Whitcomb, U. S. Atty., Dist. of Vt., Springfield, Vt., on the brief), for U. S. A., plaintiff-appellee.
Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.
United States Court of Appeals Second Circuit.
PER CURIAM.
As did Judge Gibson below, D.C.Vt., 153 F.Supp. 848, we accept the decision in United States v. American Surety Co. of N. Y., 2 Cir., 172 F.2d 135, 7 A.L.R.2d 940, certiorari denied American Surety Co. of N. Y. v. United States, 337 U.S. 930, 69 S.Ct. 1494, 93 L.Ed. 1737, as authority for cumulative, rather than single-year, liability upon the fidelity bonds given as sureties by the...
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