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EQUITABLE SURETY CO. v. McMILLAN

No. 861.

234 U.S. 448 (1914)

34 S.Ct. 803

58 L.Ed. 1394

EQUITABLE SURETY COMPANY v. UNITED STATES OF AMERICA, TO THE USE OF McMILLAN.

Supreme Court of United States.

Decided June 8, 1914.

Attorney(s) appearing for the Case

Mr. J.J. Darlington, with whom Mr. Joseph A. Burkart and Mr. William E. Ambrose were on the brief, for the Equitable Surety Company.

Mr. Wharton E. Lester, with whom Mr. Lucas P. Loving and Mr. Daniel W. Baker were on the brief, for the United States to the use of McMillan & Son.

MR. JUSTICE PITNEY, after making the foregoing statement, delivered the opinion of the court.

The act of February 28, 1899 (c. 218, 30 Stat. 906), under which the bond in question was given, was modeled after an act of August 13, 1894, entitled, "An Act for the protection of persons furnishing material and labor for the construction of public works," (c. 280, 28 Stat. 278). In an action founded upon a bond given under the...

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