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AMERICAN RADIATOR & STANDARD SAN. CORP. v. FORBES

No. 15651.

259 F.2d 147 (1958)

AMERICAN RADIATOR & STANDARD SANITARY CORPORATION, a Corporation, Appellant, v. L. L. FORBES and A. W. Bodine, Doing Business as L. L. Forbes Construction Company, and The Home Indemnity Company, a Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

April 3, 1958.

Attorney(s) appearing for the Case

Fennemore, Craig, Allen & McClennen, Philip E. Von Ammon, Phoenix, Ariz., for appellant.

John A. Murphy, Stahl, Murphy & Blakley; Jennings, Strouss, Salmon & Trask, O. M. Trask, Phoenix, Ariz., for appellees.

Before STEPHENS, Chief Judge, and HEALY and FEE, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

This is an action by a materialman who furnished materials to a subcontractor, which were used in the construction of a schoolhouse in Arizona, against the principal, which was the contractor, and the surety on a bond. After trial, upon an agreed statement of facts and a stipulation, the District Court entered judgment against the materialman. This appeal followed.

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