MOUNT SAINT MARY'S COLLEGE v. AETNA CASUALTY & SURETY COMPANY

No. 9805.

344 F.2d 331 (1965)

MOUNT SAINT MARY'S COLLEGE, Appellant, v. The AETNA CASUALTY & SURETY COMPANY and W. Harley Miller, Inc., Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 22, 1965.


Attorney(s) appearing for the Case

George Cochran Doub, Baltimore, Md. (Robert F. Skutch, Jr., Joseph M. Wyatt, Baltimore, Md., and Robert D. Klages, Washington, D. C. and Weinberg & Green, Baltimore, Md., on brief), for appellant.

Richard W. Emory, Baltimore, Md. (William J. McCarthy and Venable, Baetjer & Howard, Baltimore, Md., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.


PER CURIAM.

In this diversity action recovery was sought by appellants upon a bid bond executed by the appellees. The latter counterclaimed for cancellation of the bid and return of the bond for mistake in the bid. Hearing the case without a jury, the Court determined that the law of Maryland, the place of the entire transaction, required that the bid be rescinded and the bond redelivered.

On appeal from this decision, we accept the findings of fact and conclusions...

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