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UNITED STATES v. MONTGOMERY

No. 12354.

253 F.2d 509 (1958)

The UNITED STATES of America, for the Use of James R. SODA, Appellees, v. Charles B. MONTGOMERY, Trading as Montgomery Construction Co., United States Fidelity and Guaranty Company, Appellants.

United States Court of Appeals Third Circuit.

Decided March 19, 1958.

Attorney(s) appearing for the Case

James R. Lenahan, Scranton, Pa. (John V. Wherry, Wherry & Ketler, Grove City, Pa., on the brief), for appellants.

L. M. Cailor, Youngstown, Ohio (John H. Bream, Harrisburg, Pa., on the brief), for appellees.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

On June 30, 1952, defendant-appellant Montgomery, engaged in the construction business, contracted with the United States to erect two warehouses at Letter-kenny Ordnance Depot, Chambersburg, Pennsylvania. That same day Montgomery as principal, and defendant-appellant United States Fidelity & Guaranty Company as surety, executed and delivered a bond to the United States in the sum of $577,560. The bond was drawn in accordance with the...

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