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DALE BENZ, INC., CONTRACTORS v. AMERICAN CASUALTY CO.

No. 17464.

303 F.2d 80 (1962)

DALE BENZ, INC., CONTRACTORS, an Arizona Corporation, et al., Appellants, v. AMERICAN CASUALTY COMPANY of Reading, Pennsylvania, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 1, 1962.

Attorney(s) appearing for the Case

Cox & Cox, Z. Simpson Cox, Phoenix, Ariz., for appellant.

Moore & Romley, Jarril F. Kaplan, Phoenix, Ariz., for appellee.

Marion R. Smoker, Newton Frishberg, Alfred S. Cox, Phoenix, Ariz., of counsel for the appellant.

Before HAMLEY and BROWNING, Circuit Judges, and ROSS, District Judge.

ROSS, District Judge.

This action involves a claim by appellants (hereinafter Benz), a general contractor, against Appellee (hereinafter American), the surety of Basich Brothers Construction Company (hereinafter Basich), a subcontractor, for damages incurred as a result of the failure of Basich to complete its subcontract with Benz. It is a diversity case wherein the district court had jurisdiction pursuant to the provisions...

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