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CITY OF EXCELSIOR SPRINGS v. NATIONAL SURETY CORP.

No. 5.

30 F.Supp. 633 (1939)

CITY OF EXCELSIOR SPRINGS, MO., ex rel. and to Use of FITZE v. NATIONAL SURETY CORPORATION.

District Court, W. D. Missouri, W. D.

December 21, 1939.

Attorney(s) appearing for the Case

Lancie L. Watts, of Kansas City, Mo., for plaintiff.

Roy W. Crimm, of Kansas City, Mo., and Otto Fickeissen, of St. Louis, Mo., for defendant.

COLLET, District Judge.

Action by A. C. Fitze, doing business as Midwest Tile Company, against the surety on the contractor's bond of the McDonald Construction Company for a balance alleged to be due plaintiff as a sub-contractor. The immediate controversy is waged between plaintiff and Wm. McDonald, the general contractor. The cause was tried to a jury resulting in a verdict for plaintiff. The verdict was ordered recorded...

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