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BOYLES GALVANIZING & PLATING CO. v. HARTFORD ACC. & IND. CO.

Nos. 8410, 8411.

372 F.2d 310 (1967)

BOYLES GALVANIZING & PLATING COMPANY, an Oklahoma Corporation, Appellant, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, a Foreign Corporation, Appellee. HARTFORD ACCIDENT & INDEMNITY COMPANY, a Foreign Corporation, Appellant, v. BOYLES GALVANIZING & PLATING COMPANY, an Oklahoma Corporation, Appellee.

United States Court of Appeals Tenth Circuit.

February 3, 1967.

Attorney(s) appearing for the Case

William K. Powers, Tulsa, Okl. (Dyer, Powers, Gotcher, Marsh & Kamins, Tulsa, Okl., of counsel; Gerald E. Kamins, Tulsa, Okl., with him on the brief), for Boyles Galvanizing & Plating Co.

David M. Thornton, Tulsa, Okl. (Andrew T. Dalton, Jr., Tulsa, Okl., with him on the brief), for Hartford Accident & Indemnity Co.

Before BREITENSTEIN and SETH, Circuit Judges, and KERR, District Judge.

SETH, Circuit Judge.

Boyles Galvanizing & Plating Company (Boyles) obtained a judgment against Hartford Accident & Indemnity Company (Hartford) in an action on a surety bond tried to the court without a jury. Both parties have appealed. The principal issues on appeal concern a default judgment entered against Hartford's principal, Indiana Steel Tank Corporation (Indiana Steel), whether Hartford as a surety was released by lack of notice of its principal's...

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