SWYGERT, Circuit Judge.
American Casualty Company instituted an action for a declaratory judgment to determine the extent of its obligations as surety on performance and payment bonds issued for Seymour Richards Construction Company. Later, American Casualty joined Thomas J. Reidy as a third party defendant. The third party action sought indemnification pursuant to an indemnity agreement executed on December 13, 1962, under which Reidy purportedly agreed to indemnify...
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