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MIRACLE MILE SHOPPING CENTER v. NATIONAL UNION INDEM. CO.

No. 13363.

299 F.2d 780 (1962)

MIRACLE MILE SHOPPING CENTER, Plaintiff-Appellee, v. NATIONAL UNION INDEMNITY COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearings Denied April 4, 1962.

Attorney(s) appearing for the Case

R. Stanley Lawton, Indianapolis, Ind., Jim A. O'Neal, Indianapolis, Ind., Ross, McCord, Ice & Miller, Indianapolis, Ind., of counsel, for appellant.

C. Severin Buschmann, Indianapolis, Ind., William C. Wines, Chicago, Ill., Carl J. Greenberg, Allen S. Gerrard, Chicago, Ill., for appellee.

Before DUFFY, KILEY and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This is an action on a surety bond involving a construction contract. Plaintiff, Miracle Mile Shopping Center, brought separate suits based upon diversity jurisdiction against defaulting contractor, Inman Construction Company, and the surety (appellant), National Union Indemnity Company. The actions were consolidated for trial without a jury. The District Court entered judgment against the contractor for $116,446.78 and against the surety for...

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