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BOARD OF CTY. SUP. OF HENRICO, VA. v. INSURANCE CO. OF N.A.

No. 73-1020.

494 F.2d 660 (1974)

BOARD OF COUNTY SUPERVISORS OF the COUNTY OF HENRICO, VIRGINIA, Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1974.

Attorney(s) appearing for the Case

Aubrey R. Bowles, Jr., and Aubrey R. Bowles, III, Richmond, Va., for appellant.

Robert L. Dolbeare, Asst. County Atty., for County of Henrico (J. Mercer White, Jr., County Atty. for the County of Henrico, on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and RUSSELL and FIELD, Circuit Judges.

BOREMAN, Senior Circuit Judge:

Presented for determination here is the question of liability of Insurance Company of North America (hereafter INA) as surety on a bond in the amount of $40,200 executed by Commonwealth Sand & Gravel Corp. (hereafter Commonwealth), a Virginia corporation, as principal. This bond, in which the County of Henrico, Virginia, is the protected beneficiary, will be hereinafter explained and discussed in some detail.

In 1963 and...

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