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UNITED STATES v. PEDEN IRON & STEEL CO.

No. 7093.

330 S.W.2d 635 (1959)

UNITED STATES of America, Appellant, v. PEDEN IRON & STEEL CO. et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied December 8, 1959.

Attorney(s) appearing for the Case

William B. Butler, U. S. Atty., Randolph F. Wheless, Jr., Asst. U. S. Atty., Houston, Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, George F. Lynch, Dept. of Justice, Washington, D. C., for appellant.

Billingsley & Barstow, Robert G. Barstow, Richard H. Burks, City Atty., Bracewell, Reynolds & Patterson, Hamblen, Bobbitt & Hamblen, Strong, Baker & Heyburn, John J. O'S. Heyburn, Eastham & Williams, Childress, Port & Crady, Fulbright, Crooker, Freeman, Bates & Jaworski, Newton Gresham, Quentin Bates, Solito, Vetrano & Murr, Peter S. Solito, and John E. Bailey, Houston, for appellees.

FANNING, Justice.

James R. Stewart Contracting Company entered into a contract with the City of Houston, dated June 26, 1953, for the construction of a public work—a storm sewer system, and the said contractor, as principal, and Fidelity and Deposit Company of Maryland, as surety, pursuant to Art. 5160, Vernon's Ann.Civ.St., furnished to the City of Houston a performance bond in connection with such contract.

The contract required the taxpayer-contractor...

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