OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
FOX, District Judge.
This case arises out of two surety bonds furnished by defendant to the Thornton Construction Co., Inc. in connection with the construction of a state highway in Emmet County, Michigan. The surety bonds were furnished pursuant to the provisions of M.S.A. § 26.321 et seq., C.L.1948, § 570.101 et seq., which require contractors on public works to secure payment for materials and...
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