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FIRST NATIONAL BANK IN YONKERS v. CITY OF NEW YORK

177 F.Supp. 175 (1959)

FIRST NATIONAL BANK IN YONKERS, Plaintiff, v. CITY OF NEW YORK, Liberty Mutual Insurance Company, William Casey & Sons, Inc., Maryland Casualty Company, United States of America, Charles M. Hanson, Charles W. Grant, James Martin, Robert M. Johnson, as Trustees of the New York City Carpenters' Welfare and Pension Fund, Defendants.

United States District Court S. D. New York.

July 28, 1959.

Attorney(s) appearing for the Case

Samuel Gottesman, New York City, for plaintiff.

Charles H. Tenney, Corp. Counsel, New York City, for defendant City of New York.

Benjamin Rosen and Raymond Gitlin, New York City, for defendant Liberty Mut. Ins. Co.

Nevius, Jarvis & Pilz, New York City, for defendant Maryland Cas. Co.

S. Hazard Gillespie, Jr., U. S. Atty. for Southern Dist. of New York, New York City, for defendant United States.

Raphael, Searles, Levin & Vischi, New York City, for defendants Charles M. Hanson, Charles W. Grant, James Martin, Robert M. Johnson, as trustees of the New York City Carpenters' Welfare and Pension Fund.

CASHIN, District Judge.

On or about October 18, 1955, defendant, The City of New York (City), acting through the Commissioner of Public Works, entered into Contract No. 179464 with defendant, William Casey and Sons, Inc. (Casey), whereby Casey was to construct certain sewers. In connection with the construction contract, performance and payment bonds were executed by Casey, as principal, and defendant Maryland Casualty Company (Maryland), as surety, on October 4,...

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