SEABOARD SURETY COMPANY v. HARBISON

No. 13638.

304 F.2d 247 (1962)

SEABOARD SURETY COMPANY, Plaintiff-Appellee, v. Leon G. HARBISON, General Asbestos & Supply Company, Inc., Robert A. Voigt, also known as R. A. Voigt, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 23, 1962.


Attorney(s) appearing for the Case

Palmer K. Ward, Indianapolis, Ind., for appellant.

Carl T. Reis, Indianapolis, Ind., Edward B. Raub, Jr., Indianapolis, Ind., for appellee.

Before HASTINGS, Chief Judge, and DUFFY and CASTLE, Circuit Judges.


HASTINGS, Chief Judge.

Plaintiff Seaboard Surety Company (appellee), a New York corporation, brought this diversity action in the United States District Court for the Southern District of Indiana. It sued defendants Leon G. Harbison, General Asbestos & Supply Company, Inc., Robert A. Voigt, also known as R. A. Voigt (appellants), all residents of Indiana.

It appears from the complaint that plaintiff executed performance and payment bonds on behalf of Construction...

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