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ROYAL INDEMNITY CO. v. BOARD OF EDUCATION OF MOORE CO.

Civ. 308.

143 F.Supp. 782 (1956)

ROYAL INDEMNITY CO. v. BOARD OF EDUCATION OF MOORE COUNTY.

United States District Court M. D. North Carolina.

May 7, 1956.

Attorney(s) appearing for the Case

Helms, Mulliss, Charlotte, N. C., for plaintiff.

W. D. Sabiston, Jr., Carthage, N. C., for Board of Education.

E. M. Stanley, U. S. Atty., Greensboro, N. C., for United States.

HAYES, District Judge.

The court wrote an opinion in this case at the time it overruled the motion to dismiss the third party complaint and it is not necessary to restate what was said in that opinion. 137 F.Supp. 890.

The facts are not in dispute. The Royal Indemnity Co. Inc. was a surety for Walter Dempsey on a contract whereby he agreed to furnish the materials and labor to erect school buildings for the Board of Education...

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