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UNITED BONDING INSURANCE CO. v. ASHWOOD CONSTRUCTION CO.

Nos. 18853, 18854.

414 F.2d 267 (1969)

UNITED BONDING INSURANCE COMPANY, Plaintiff-Appellant, v. ASHWOOD CONSTRUCTION COMPANY, Pete Salemi, dba Central Excavating Company, Arrow Builder Supply Company, Air Compressor Rental Company, dba A. C. R. Equipment Company, Arturo Construction Company, and J. J. Turner, Inc., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

August 11, 1969.

Attorney(s) appearing for the Case

Owen C. Neff, Cleveland, Ohio, for appellant, Snyder, Neff & Chamberlin, Owen C. Neff, Cleveland, Ohio, of counsel.

Sheldon Berns, Cleveland, Ohio, for Ashwood Const. Co., Kahn, Kleinman, Yanowitz & Annan, Armond D. Arnson and Sheldon Berns, Cleveland, Ohio, of counsel.

Oscar J. Green, Cleveland, Ohio, for Pete Salemi d/b/a Central Excavating Co.

Russell J. Glorioso, Cleveland, Ohio, for Air Compressor Rental Co.

Gus J. Bahas, Cleveland, Ohio, for Arrow Builders Supply Co., Nadler, Sokolsky & Bahas, Cleveland, Ohio, on brief.

William T. Monroe, Stanley Kammer, John D. Cannell, Cleveland, Ohio, on briefs for appellees.

Before WEICK, Chief Judge, McCREE, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

This case involves questions as to the liability of the surety, United Bonding Insurance Company (United), to its obligee, Ashwood Construction Company (Ashwood), and to subcontractors who furnished labor, material and necessary tools to the principal, Timzan, Inc. (Timzan), for certain construction in connection with the Brentwood Subdivision in Cuyahoga County, Ohio.

United was surety on bonds which were conditioned not only for the faithful...

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