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HICKS v. TOWN OF HUDSON

No. 8622.

390 F.2d 84 (1967)

Edwin R. HICKS, d/b/a Hicks Construction Company, Appellant, v. TOWN OF HUDSON, a Municipal corporation of Fremont County, Wyoming, and United States Fidelity and Guaranty Co., a Maryland corporation, Appellees.

United States Court of Appeals Tenth Circuit.

July 18, 1967.

Attorney(s) appearing for the Case

Robert Stanley Lowe, Rawlins, Wyo., for appellant.

Daniel P. Svilar, of Boyer & Svilar, Lander, Wyo., for appellee, Town of Hudson.

Frederick G. Loomis, of Loomis, Lazear, Wilson & Pickett, Cheyenne, Wyo., for appellee, United States Fidelity and Guaranty Co.

Before PHILLIPS, LEWIS and HILL, Circuit Judges.

HILL, Circuit Judge.

Appellee, Town of Hudson, a municipality, brought this action in the state court against appellant Hicks, who did business as Hicks Construction Company, and his surety, United States Fidelity and Guaranty Company, to recover for breach of a construction contract. The case was removed to the United States District Court for the District of Wyoming, trial to the court was had there and appellee-plaintiff prevailed. This appeal on behalf of Hicks...

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