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FIREMAN'S FUND INSURANCE CO. v. S. E. K. CONSTRUCTION CO.

Nos. 296-69, 297-69.

436 F.2d 1345 (1971)

FIREMAN'S FUND INSURANCE COMPANY, a corporation, Plaintiff, Appellant, v. S. E. K. CONSTRUCTION COMPANY, Inc., etc., et al., Defendants, and Centennial State Bank, a Kansas Banking Corporation, and Industrial State Bank of Kansas City, Kansas, Defendants, Appellees.

United States Court of Appeals, Tenth Circuit.

January 12, 1971.

Attorney(s) appearing for the Case

Clyde J. Watts, Oklahoma City, Okl., for appellant.

Arthur J. Doyle, Kansas City, Mo. (Jerome T. Wolf, Kansas City, Mo., on the brief), for Centennial State Bank, appellee.

Before PHILLIPS, HILL and HICKEY, Circuit Judges.

HILL, Circuit Judge.

Appellant Fireman's Fund, surety on two performance bonds naming S.E.K. Construction Company as principal, seeks to enjoin Centennial State Bank, to whom S.E.K. assigned Estimate 13 on an Oklahoma Highway project, from disposing of the warrant representing Estimate 13 until the equities of the case are litigated. In addition, the original injunction proceeding sought to prevent the banks from taking possession of S. E.K. equipment in which both...

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