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RUCKMAN AND HANSEN, INC. v. CONTRACTING & MATERIAL CO.

No. 14277.

328 F.2d 744 (1964)

RUCKMAN AND HANSEN, INC., Plaintiff, v. CONTRACTING & MATERIAL CO., Inc., et al., Defendants, CONTRACTING & MATERIAL CO., Inc., Defendant and Third-Party Plaintiff-Appellee, v. The HOME INDEMNITY COMPANY, Third-Party Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 2, 1964.

Attorney(s) appearing for the Case

William M. Evans, Indianapolis, Ind., for Contracting & Material Co., Bose, Buchanan, McKinney & Evans, Indianapolis, Ind., of counsel.

R. Stanley Lawton, F. Boyd Hovde, Indianapolis, Ind., for Home Indemnity Co., Ice, Miller, Donadio & Ryan, Indianapolis, Ind., of counsel.

Before DUFFY, CASTLE and KILEY, Circuit Judges.

CASTLE, Circuit Judge.

Contracting and Material Company, Inc., appellee, was awarded judgment in the amount of $31,678.43 on its third-party complaint against The Home Indemnity Company, appellant, in an action commenced in the District Court by Ruckman and Hansen, Inc., against C & M.1 The liability of Home, asserted against it by C & M, is predicated upon Home's contract of suretyship covering performance of a contract by National...

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