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PHOENIX ASSURANCE CO. OF NEW YORK v. CITY OF BUCKNER, MO.

No. 16901.

305 F.2d 54 (1962)

PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellant, v. CITY OF BUCKNER, MISSOURI, Byron B. Crail and Housing and Home Finance Administrator, Appellees.

United States Court of Appeals Eighth Circuit.

July 18, 1962.

Attorney(s) appearing for the Case

Rodger J. Walsh, Kansas City, Mo., Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, Mo., on the brief, for appellant.

Morris H. Kross, Kansas City, Mo., Clay C. Rogers, of counsel; Rogers, Field & Gentry, Kansas City, Mo., on the brief, for appellee City of Buckner.

Jerry C. Straus, Attorney, Dept. of Justice, Washington, D. C., William H. Orrick, Jr., Asst. Atty. Gen., Washington, D. C., F. Russell Millin, U. S. Atty., Kansas City, Mo., and Alan S. Rosenthal and Jerry C. Straus, Attorneys, Dept. of Justice, Washington, D. C., on the brief, for appellee Housing and Home Finance Administrator.

Before SANBORN, BLACKMUN and RIDGE, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment for the defendants in a diversity action brought by Phoenix Assurance Company of New York to obtain a judgment declaring void a performance bond issued by it on April 19, 1956, to protect the City of Buckner, Missouri, against default in the completion of a contract it had entered into on March 30, 1956, with William A. Reser, doing business as Continental Construction Company.

The contract called for...

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