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FISCHER CONSTRUCTION CO. v. FIREMAN'S FUND INSURANCE CO.

Nos. 10138, 10139.

420 F.2d 271 (1969)

FISCHER CONSTRUCTION COMPANY, Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, Appellees. FIREMAN'S FUND INSURANCE COMPANY, Appellants, v. FISCHER CONSTRUCTION COMPANY, Appellees.

United States Court of Appeals Tenth Circuit.

December 19, 1969.

Attorney(s) appearing for the Case

Ted Pool, Del City, Okl. (John L. Garrett, Garrett, Pool & Smith, Del City, Okl., with him on the brief), for appellant Fischer Construction Co.

Byrne A. Bowman, Felix, Bowman, McIntyre & McDivitt, Oklahoma City, Okl., for appellees Fireman's Fund Insurance Co.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

MURRAH, Chief Judge.

This appeal is from a judgment against Fischer Construction Co., a partnership, as principal on payment and performance bonds, indemnifying Fireman's Fund for losses incurred after take-over and completion of the Fischers' bonded contracts with the Oklahoma Highway Department. A statement of the basic facts will put the case in perspective and elucidate the trial court's judgment and our modification of that part of the judgment based on the jury...

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