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S & C ELECTRIC COMPANY v. FIDELITY AND CASUALTY CO. OF N. Y.

Civ. No. 40089.

205 F.Supp. 901 (1962)

S & C ELECTRIC COMPANY, a corporation, Plaintiff, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, Defendant.

United States District Court N. D. California, S. D.

June 4, 1962.

Attorney(s) appearing for the Case

McCutchen, Doyle, Brown & Enersen, Brent M. Abel, Bryant K. Zimmerman, San Francisco, Cal., for plaintiff.

Lindsay & Pettis, Oakland, Cal., for defendant.

ZIRPOLI, District Judge.

This diversity suit was brought by plaintiff, S & C Electric Company, to recover from Fidelity and Casualty Company of New York, the surety on a contractor's payment bond, the unpaid purchase price of a switch-gear supplied by plaintiff for the construction of new approaches to the San Francisco Bay Bridge. The bond was furnished by O. S. Jones & Sons, the general contractor for the construction work, in accordance with the requirements...

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