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MODERN BROKERAGE CORP. v. MASSACHUSETTS BOND. & INS. CO.

54 F.Supp. 939 (1944)

MODERN BROKERAGE CORPORATION v. MASSACHUSETTS BONDING & INS. CO.

District Court, S. D. New York.

March 30, 1944.

Attorney(s) appearing for the Case

Benjamin C. Ribman, of New York City (Myron M. Fineman, of New York City, of counsel), for plaintiff.

Bennett & Roth, of New York City (Ray Rood Allen and Herbert M. Lord, both of New York City, of counsel), for defendant.

BRIGHT, District Judge.

Plaintiff sues the defendant upon a performance bond, alleging in its first cause of action that the Quincy Dry Dock & Yacht Corporation, the principal named in the bond, entered into a contract with it on July 20, 1943, to perform certain work and furnish certain materials in connection with the repair and rehabilitation of the schooner "Mary DeCosta", and that the contractor made certain false representations and failed to carry them...

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