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IN RE U. S. FOR USE & BENEFIT OF ST. PAUL A. M. E.

No. 76-1001.

541 F.2d 463 (1976)

In re UNITED STATES of America for Use and Benefit of ST. PAUL A. M. E. CHURCH HOUSING CORPORATION, a non-profit corporation, and St. Paul A. M. E. Church Housing Corporation, a non-profit corporation, Plaintiffs. BUCKEYE UNION INSURANCE COMPANY, a corporation, Appellee, v. Fred M. WILMOTH, an Individual, and Francis H. Wilmoth, an Individual, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 24, 1976.

Attorney(s) appearing for the Case

Orville L. Hardman, Parkersburg, W. Va., for appellants.

John R. Hoblitzell (George S. Sharp, Charleston, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, WINTER, Circuit Judge, and KUNZIG, Judge.

PER CURIAM:

At the instance of Buckeye Union Insurance Co. (Buckeye), which wrote a bond guaranteeing the performance of a construction contract by Theodore Morlang, the district court gave judgment against three indemnitors requiring them to post $1,000,000 to protect Buckeye in defending a suit on the bond. If the indemnitors were unable to post the full sum, the district court required them to post as much as they were presently able and to show cause as to the...

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