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AMERICAN SURETY CO. v. CODELL

No. 305.

57 F.Supp. 518 (1944)

AMERICAN SURETY CO. et al. v. CODELL et al.

District Court, E. D. Kentucky.

November 2, 1944.

Attorney(s) appearing for the Case

B. R. Jouett, of Winchester, Ky., and Ben L. Kessinger, of Lexington, Ky., for plaintiffs.

D. L. Pendleton, of Winchester, Ky., for defendants.

FORD, District Judge.

The defendants, being the lowest bidders, were awarded a contract by the Louisville & Nashville Railroad Company for construction of a line of railroad for the sum of $1,355,237.30. At the instance of the defendants, the plaintiffs executed a surety bond in the penal sum of $500,000 for the faithful performance of the contract.

The controversy in this litigation is whether the plaintiffs, as compensation for their suretyship, are...

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