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AMERICAN CASUALTY COMPANY v. TOWN OF SHATTUCK, OKL.

No. 9544.

228 F.Supp. 834 (1964)

AMERICAN CASUALTY COMPANY, a corporation, Plaintiff, v. TOWN OF SHATTUCK, OKLAHOMA, a Municipal corporation, et al., Defendants.

United States District Court W. D. Oklahoma.

March 23, 1964.

Attorney(s) appearing for the Case

Looney, Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., for American Cas. Co.

Looney, Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., for Harold Gouge, dba Security Const. Co.

James L. Bard, Minneapolis, Minn., for Lead Supplies, Inc.

Reynolds & Ridings, Oklahoma City, Okl., for Sherman Machine & Iron Works.

Rainey, Flynn & Welch, Oklahoma City, Okl., for Lone Star Steel Co.

Johnston & Johnston, Oklahoma City, Okl., for United Brick & Tile Co., Longbell Division of International Paper Co.

Hemry & Hemry, Oklahoma City, Okl., for Chicago Pump Co., W. S. Dickey Clay Mfg. Co.

Emmett A. Klem, Klem & Thomas, Shattuck, Okl., Maurice H. Merrill, Norman, Okla., for Town of Shattuck.

Priest & Belisle, McClelland, Collins, Sheehan, Fauss, Bailey & Bailey, Oklahoma City, Okl., for Alexander Myers & Associates.

Fagin & Fagin, Oklahoma City, Okl., for Karchmer Pipe & Supply Co.

DAUGHERTY, District Judge.

In this case the plaintiff as an Oklahoma statutory payment bond surety has sued several defendants, one, the Town of Shattuck, Oklahoma, as the owner of a municipal sewer construction project, another, Alexander, Myers & Associates, a co-partnership, as the engineer on the project, and the remaining defendants as unpaid creditors of the bonded contractor on such project.

When suit was originally filed, the plaintiff as the statutory...

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