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WYOMING CONSTRUCTION CO. v. WESTERN CASUALTY & S. CO.

No. 5991.

275 F.2d 97 (1960)

WYOMING CONSTRUCTION COMPANY, a Wyoming corporation; and Monolith Portland Midwest Company, a corporation, Appellants, v. WESTERN CASUALTY AND SURETY COMPANY, a corporation; Forgey Construction Company, a Wyoming corporation; and Orrin B. Forgey, Russell Forgey, Chas. S. Chapin and W. J. McNamara, individually and as co-partners doing business as Forgey Brothers, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 24, 1960.

Attorney(s) appearing for the Case

Norman Elliott and Joseph Enright, Los Angeles (Loomis, Lazear & Wilson, Cheyenne, Wyo., Corthell & King, Laramie, Wyo., and Enright & Elliott, Los Angeles, Cal., were with them on the brief), for appellants.

William H. Brown and Edward E. Murane, Casper, Wyo. (Brown, Healy, Drew, Apostolos & Barton; Murane, Bostwick & McDaniel, and Donald E. Chapin, Casper, Wyo., were with them on the brief), for appellees.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellee-plaintiff, The Western Casualty and Surety Company, a compensated surety on a construction contract performance bond, brought this action for indemnity to recover its costs in completing the contract after default by its principal.

The United States, acting through the Bureau of Reclamation, Department of the Interior, contracted with S. J. Groves & Sons Company for the construction...

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