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GLOBE INDEMNITY CO. v. SOUTHERN PAC. CO.

No. 70.

30 F.2d 580 (1929)

GLOBE INDEMNITY CO. v. SOUTHERN PAC. CO.

Circuit Court of Appeals, Second Circuit.

February 11, 1929.

Attorney(s) appearing for the Case

Daniel Combs, of New York City (Patrick B. Healy, of Brooklyn, N. Y., and E. De T. Bechtel, of New York City, of counsel), for plaintiff in error Globe Indemnity Co.

Burlingham, Veeder, Masten & Fearey, of New York City (Van Vechten Veeder and Eugene Underwood, Jr., both of New York City, of counsel), for defendant in error Southern Pacific Co.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This case was tried before the court on a stipulation waiving a jury. The action was to recover damages on a bond to secure the plaintiff in making advance payments on a contract to construct three vessels. The salient facts were stated in our opinion reported at 21 F.2d 288, on the former appeal. While the appellant has reargued most of the matters there disposed of, we see no reason to depart from...

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