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CRANE SUPPLY COMPANY v. AMERICAN STATES INSURANCE CO.

No. 14714.

310 F.2d 712 (1962)

CRANE SUPPLY COMPANY, a Division of Crane Company, Plaintiff-Appellee, v. AMERICAN STATES INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 15, 1962.

Attorney(s) appearing for the Case

John P. Sandidge, Louisville, Ky., A. Singleton Cagle, Woodward, Hobson & Fulton, Louisville, Ky., on brief, for appellant.

Wilbur O. Fields, Louisville, Ky., Garner M. Petrie, Associate Counsel, Louisville, Ky., on brief, for appellee.

Before CECIL, Chief Judge, McALLISTER, Circuit Judge, and LEVIN, District Judge.

McALLISTER, Circuit Judge.

Plaintiff-appellee is an unpaid material supplier that furnished building materials to a contractor for use in the completion of a construction contract for schools in Louisville, Kentucky. Defendant-appellant is a compensated surety that furnished a materials and labor bond to guarantee payment of the materials and labor used by the contractor in case of his failure to pay. Subsequently, when the contractor became embarrassed financially...

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