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AETNA CASUALTY AND SURETY CO. v. CIRCLE EQUIPMENT CO.

No. 20290.

377 F.2d 160 (1967)

The AETNA CASUALTY AND SURETY COMPANY, Appellant, v. CIRCLE EQUIPMENT COMPANY et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 3, 1967.

Attorney(s) appearing for the Case

Mr. Alexander M. Heron, Washington, D. C., with whom Mr. Edgar T. Bellinger, Washington, D. C., was on the brief, for appellant.

Mr. Sherman L. Cohn, Washington, D. C., with whom Mr. Francis J. Kelly, Washington, D. C., was on the brief for appellees.

Before BAZELON, Chief Judge, and McGOWAN and LEVENTHAL, Circuit Judges.

McGOWAN, Circuit Judge:

Appellees sued in the District Court to enforce the undertaking of appellant, as surety upon a statutory bond, to pay for services and materials supplied to a defaulting contractor. The District Court denied appellant's motion to dismiss for want of subject-matter jurisdiction; and it granted appellees' motion for summary judgment. The propriety of each of these actions is challenged upon this appeal...

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