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LOCAL U. NO. 185, INT. BRO. OF ELEC. WKRS. v. COPELAND ELEC. CO.

No. 1439.

273 F.Supp. 547 (1967)

LOCAL UNION NO. 185, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Plaintiff, v. COPELAND ELECTRIC COMPANY, James Copeland, United States Fidelity and Guaranty Company, and Mountain States Line Contractors Chapter N. E. C. A., Inc., Defendants.

United States District Court D. Montana, Helena Division.

September 7, 1967.

Attorney(s) appearing for the Case

Gordon R. Bennett, Helena, Mont., for plaintiff.

Weir, Gough & Booth, Ward A. Shanahan, Helena, Mont., for defendants.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

James Copeland d/b/a Copeland Electric Company (Copeland) contracted with the Montana Power Company to construct a transmission line. As required by that contract it furnished a performance bond to Montana Power Company with United States Fidelity and Guaranty Company (U.S.F. & G.) as the surety. In the performance bond U.S.F. & G. agreed to "pay all persons * * * who perform labor * * * for use...

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