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BUTLER v. PACIFIC NATIONAL INSURANCE COMPANY

No. 21169.

375 F.2d 518 (1967)

A. Bates BUTLER, Trustee of Construction Materials Co., Appellant, v. PACIFIC NATIONAL INSURANCE COMPANY, aka Transamerica Insurance Company, and State of Arizona, David H. Campbell, Superintendent, Arizona Highway Department, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 3, 1967.

Attorney(s) appearing for the Case

Lawrence Ollason, Gerald B. Hirsch, Hirsch, Van Slyke & Ollason, Tucson, Ariz., for appellant.

James L. Richmond, Chandler, Tullar, Udall & Richmond, Tucson, Ariz., for appellees.

Before JONES, Judge, U. S. Court of Claims, and BARNES and ELY, Circuit Judges.

BARNES, Circuit Judge:

Construction Materials Company (hereinafter "contractor") contracted on July 28, 1963 with the State of Arizona to perform certain work on a road in the Tucson area. Upon undertaking the contract, the contractor furnished the State of Arizona a bond for faithful performance written by appellee Pacific National Insurance Company (now known as Transamerica Insurance Company). In the early part of November of 1963, when only part of the construction...

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