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MILWAUKIE CONSTRUCTION CO. v. GLENS FALLS INSURANCE CO.

No. 21022.

367 F.2d 964 (1966)

MILWAUKIE CONSTRUCTION CO. (Inc.), a corporation, F. H. St. Pierre and Mary St. Pierre, Appellants, v. GLENS FALLS INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

October 24, 1966.

Attorney(s) appearing for the Case

Robert Morgan, of Erlandson & Morgan, Milwaukie, Or., for appellants.

Marshall C. Cheney, Jr., of Mize, Kriesien, Fewless & Cheney, Portland, Or., for appellee.

Before HAMLEY, HAMLIN and BROWNING, Circuit Judges.

HAMLIN, Circuit Judge.

In 1964 F. H. St. Pierre and Mary St. Pierre were officers and directors of Milwaukie Construction Company (Milwaukie), a general construction firm. Between April and July, 1964, Milwaukie had four contracts to build public buildings and made application to Glens Falls Insurance Company, appellee herein, for performance and payment bonds as required by the contracts. To secure the issued bonds totaling...

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