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PHOENIX ASSURANCE CO. OF NEW YORK v. APPLETON CITY

No. 16721.

296 F.2d 787 (1961)

PHOENIX ASSURANCE COMPANY OF NEW YORK, Appellant, v. APPLETON CITY, Missouri, et al., Appellees.

United States Court of Appeals Eighth Circuit.

December 7, 1961.

Attorney(s) appearing for the Case

Clem W. Fairchild, Kansas City, Mo., for appellant. Rodger J. Walsh and Davis, Thomson, Van Dyke, Fairchild & Walsh, were with him on the brief.

Barkley M. Brock, Clinton, Mo., for Appleton City, Mo. Haysler A. Poague, Clinton, Mo., and Poague, Brock & Wall, Clinton, Mo., of counsel, with him on the brief.

James S. Cottingham, Independence, Mo., for appellees Byron B. Crail and American Cast Iron Pipe Co. John S. Newhouse, and Newhouse, Shaffer & Wilson, Independence, Mo., with him on the brief.

Before VOGEL, VAN OOSTERHOUT and BLACKMUN, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

Plaintiff Phoenix Assurance Company of New York (Phoenix), a corporate surety writing bonds for compensation, brought this action for declaratory judgment to have its rights and liabilities determined upon a construction bond and a statutory bond it had furnished the City of Appleton City, Missouri (City) on behalf of Reser, d/b/a Continental Construction Company, a contractor who had entered into a written contract to construct a sewage...

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