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TRAVELERS INDEMNITY COMPANY v. EVANS PIPE COMPANY

Nos. 20162, 20163.

432 F.2d 211 (1970)

TRAVELERS INDEMNITY COMPANY, Plaintiff-Appellee and Cross-Appellant, v. EVANS PIPE COMPANY and Evanite Plastic Company, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

October 19, 1970.

Attorney(s) appearing for the Case

John E. Martindale, Cleveland, Ohio, Arter & Hadden, Cleveland, Ohio, on the brief, for plaintiff-appellee and cross-appellant.

William F. Snyder, Cleveland, Ohio, Aberdeen P. Hutchison, Marshman, Snyder & Seeley, Cleveland, Ohio, on the brief, for defendants-appellants and cross-appellees.

Before WEICK, CELEBREZZE and MILLER, Circuit Judges.

PER CURIAM.

Travelers Indemnity Company (Travelers) was surety on the performance and payment bond of a golf course builder named Mitchell on his contract to construct a golf course for Old Westbury Golf and Country Club. Mitchell purchased plastic pipe for the irrigation system of the golf course, from Evans, which pipe after its installation, proved defective and required replacement.

The Country Club sued Travelers and Mitchell in a New York Court on the...

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