United States Ex Rel. Texas Portland Cement Co. v. McCord
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The facts, which involve the construction of the materialman’s act of February 24,1905, and the rights of contractors thereunder, are stated in the opinion,
1Opinion of the CourtJustice Day
This case is here upon a certificate from the United States Circuit Court of Appeals for the' Fifth Circuit. The pertinent facts certified are:
The United States upon the relation and for the use and benefit of the Texas Portland Cement Company and others brought suit in the United States Circuit Court for the Northern District of Texas, on January 3, 1910, against D. C. McCord, as the principal, and the National Surety Company of New York, as surety, on a certain bond dated March 19, 1906, given in conformity to the act of February 24, 1905 (c. 778, 33 Stat. 811), for the performance by…
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