RELIANCE INSURANCE COMPANY OF PHILADELPHIA, PA. v. COLBERT

No. 19680.

365 F.2d 530 (1966)

RELIANCE INSURANCE COMPANY OF PHILADELPHIA, PENNSYLVANIA, Appellant, v. Malcolm B. COLBERT et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 18, 1966.


Attorney(s) appearing for the Case

Mr. Edward Gallagher for appellant.

Mr. Mark P. Friedlander, Washington, D. C., with whom Messrs. Mark P. Friedlander, Jr., Blaine P. Friedlander, Washington, D. C., and Harry P. Friedlander, Arlington, Va., were on the brief, for appellees.

Before EDGERTON, Senior Circuit Judge, and McGOWAN and TAMM, Circuit Judges.


McGOWAN, Circuit Judge:

The District Court, after trial without a jury, gave judgment for $18,374 against a defaulting contractor and the surety upon a completion bond. Only the surety has appealed, contending that material alterations were made in the construction contract without its knowledge and consent. We disagree with the District Court's conclusion that these alterations were of such a nature as to have no ponderable impact upon the surety's undertaking; and...

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