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JOHN N. PRICE & SONS v. MARYLAND CASUALTY CO.

No. 1343.

50 F.Supp. 319 (1943)

JOHN N. PRICE & SONS v. MARYLAND CASUALTY CO. (JOHN N. PRICE & SONS et al., Third Party Defendant).

District Court, D. New Jersey.

June 10, 1943.

Attorney(s) appearing for the Case

Aaron Heller, of Passaic, N. J., for plaintiff John N. Price & Sons.

Waxman & Waxman, of Newark, N. J., for Chamberlin Metal Weatherstrip Co.

Coult, Satz, Tomlinson & Morse, of Newark, N. J., for Maryland Casualty Co.

Frazer, Stoffer & Jacobs, of Newark, N. J., for Fiat Metal Co.

Harry Green, of Newark, for Watson Elevator Co.

Isadore B. Miller, of Paterson, for Saul Nemser, trustee in bankruptcy.

MEANEY, District Judge.

The plaintiff herein brought suit against the defendant in the New Jersey Supreme Court in an action to recover on a public contractor's bond, furnished pursuant to N. J.R.S. 2:60-207 et seq., N.J.S.A. 2:60-207 et seq. In December of 1938 the Board of Education of the City of Paterson, N. J., entered into a contract with C. H. Johannsen & Co., whereby the latter were to erect a school known as School Building Number Five.

The Johannsen...

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