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GLENS FALLS INSURANCE CO. v. MURRAY PLUMBING & HEATING CORP.

No. 18779.

330 F.2d 800 (1964)

GLENS FALLS INSURANCE COMPANY, Appellant, v. MURRAY PLUMBING AND HEATING CORPORATION, etc., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 20, 1964.

Attorney(s) appearing for the Case

Dillavou & Cox, C. C. Dillavou, George M. Cox, and Phillip R. Nicholson, Los Angeles, Cal., for appellant.

Spray, Gould & Bowers, and Daniel O. Howard, Los Angeles, Cal., for appellee.

Before BARNES, HAMLEY and BROWNING, Circuit Judges.

BARNES, Circuit Judge:

This was an action brought below by Murray Plumbing and Heating Corporation to recover against Glens Falls Insurance Company on a certain "Bond to Release Money Withheld on Stop Notice." This bond was executed and delivered by appellant, as surety, and B. C. Metcalf, General Contractor, Inc., as principal, to the obligee named therein, the Los Angeles City Junior College District of Los Angeles County.

The action was instituted in the...

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