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HOPPER BROS. QUARRIES v. MERCHANTS MUTUAL BOND. CO.

No. 15853.

255 F.2d 147 (1958)

HOPPER BROS. QUARRIES, Appellant, v. MERCHANTS MUTUAL BONDING COMPANY, a corporation, and Bill Curphy Company, a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

April 28, 1958.

Attorney(s) appearing for the Case

Herman Ginsburg, Lincoln, Neb. (Hymen Rosenberg, Joseph Ginsburg, Lincoln, Neb., and Elmer F. Witte, Pawnee, Neb., on the brief), for appellant.

John H. Neiman of Neiman, Neiman & Stone, Des Moines, Iowa (Robert A. Barlow of Healey, Davis, Wilson & Barlow, Lincoln, Neb., on the brief), for appellees.

Before SANBORN, WOODROUGH and VOGEL, Circuit Judges.

WOODROUGH, Circuit Judge.

The use plaintiff in the foregoing case, No. 15,852, brought this action, No. 15,853, in the District Court of Lancaster County, Nebraska in its own name to recover the same debt owing to it on account of 6014.2 tons of crushed rock it supplied to the sub-contractor Leonard M. McDonald, d/b/a Omaha Rock and Excavating Company, on the Omaha Levee System from Merchants Mutual Bonding Company and the...

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