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COLEMAN CAPITAL CORP. v. TRAVELERS INDEMNITY CO.

No. 629, Docket 35822.

443 F.2d 47 (1971)

COLEMAN CAPITAL CORPORATION, Plaintiff-Appellant, v. TRAVELERS INDEMNITY COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 25, 1971.

Attorney(s) appearing for the Case

Leon C. Baker, New York City, for plaintiff-appellant.

Richard H. Tunstead, New York City (Spencer & Tunstead, New York City, Lester B. Lipkind, Babylon, N. Y., on the brief), for defendant-appellee.

Before WATERMAN, KAUFMAN and HAYS, Circuit Judges.

HAYS, Circuit Judge:

This action arose out of the construction of an office building in Garden City, Long Island. The defendant, Travelers Indemnity Company, is the surety on a labor and materials payment bond executed by the general contractor to secure the payment of all subcontractors, materialmen and laborers. In order to complete certain specified concrete work required in the construction of the building, the general contractor engaged Presgold Construction...

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