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CARTER ELECTRIC COMPANY v. TRAVELERS INDEMNITY COMPANY

No. 9078.

382 F.2d 567 (1967)

CARTER ELECTRIC COMPANY and General Insurance Company of America, Appellants, v. The TRAVELERS INDEMNITY COMPANY and Beacon Construction Company of Massachusetts, Inc., Appellees.

United States Court of Appeals Tenth Circuit.

August 9, 1967.

Attorney(s) appearing for the Case

William J. Becker, Clayton, Mo. (James Yates, Kansas City, Kan., and Joseph J. Becker, Clayton, Mo., were with him on the brief), for appellants.

Robert J. Sherer, Boston, Mass. (Leonard O. Thomas, Kansas City, Kan., was with him on the brief), for appellees.

Before PHILLIPS, LEWIS and HILL, Circuit Judges.

LEWIS, Circuit Judge.

Appellant Carter Electrical Company was the electrical subcontractor and appellee Beacon Construction Company the prime contractor on the construction of a Capehart housing project for the United States Army at the Fort Leavenworth Military Reservation in Kansas. This diversity action was brought by Carter against the surety on Beacon's payment bond, The Travelers Indemnity Company, for an alleged unpaid balance due, plus interest, under the...

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