American Casualty Company v. Town of Shattuck, Okl.

DAUGHERTY, District Judge.

In this ease 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 payment bond surety had not paid the creditors named herein as defendants, but plaintiff has since elected to pay these creditors and…