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CITY OF ST. LOUIS EX REL. ATLAS P. S. CO. v. AETNA C. & S. CO.

No. 33353.

444 S.W.2d 513 (1969)

CITY OF ST. LOUIS ex rel. ATLAS PLUMBING SUPPLY COMPANY, Plaintiff-Appellant, v. AETNA CASUALTY AND SURETY COMPANY, a foreign corporation, J. S. Alberici Construction Company, Inc., a corporation, and T. J. McNamara Company, Inc., a corporation, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied September 15, 1969.

Application to Transfer Denied November 10, 1969.

Attorney(s) appearing for the Case

Harper & Stone, St. Louis, for plaintiff-appellant.

Millar, Schaefer, White & Ebling, St. Louis, for defendants-respondents.

Motion for Rehearing or to Transfer to the Supreme Court Denied September 15, 1969.

PER CURIAM.

Section 100.050 of the Revised Code of the City of St. Louis requires that the performance of all contracts made by the Board of Public Service shall be secured by sureties qualified in the manner stated in the section. The conditions of the undertaking by the surety as set forth in Section 100.130 are (1) the faithful performance by the principal obligor of

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