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PIEL CONST. CO. v. COMMONWEALTH OF PENNSYLVANIA

No. 3984.

35 F.2d 265 (1929)

PIEL CONST. Co. et al. v. COMMONWEALTH OF PENNSYLVANIA, to Use of HENDRICKS.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 15, 1929.

Attorney(s) appearing for the Case

Harry S. Knight, of Sunbury, Pa., Maurice W. Sloan, of Philadelphia, Pa., Knight & Taggart, of Sunbury, Pa., and Sloan, White & Sloan, of Philadelphia, Pa., for appellant.

Charles C. Lark and Robert M. Fortney, both of Shamokin, Pa., and E. E. Pawling and Ulrich & Sommer, all of Selinsgrove, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

The Piel Construction Company entered into a contract with the Commonwealth of Pennsylvania for the construction of a concrete highway, giving the Commonwealth its bond with the Maryland Casualty Company as surety to assure, among other things, payment for all material and labor entering into the work pursuant to Pennsylvania Acts in that regard (Act May 31, 1911, P. L. 468; Act May 16, 1921, P. L. 650 [Pa. St. Supp. 1928, § 19207]). Later...

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