National Surety Corp. v. Allen-Codell Co.

FORD, District Judge.

Asserting that the pleadings, depositions and admissions on file show that there is no genuine issue as to any material fact and that the defendant is entitled to judgment as a matter of law, the defendant Allen*4Codell Company moves for summary judgment under Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A. following section 723c.

It appears that in April 1941, the plaintiff, as surety for Robert Gwinn, executed a bond guaranteeing Gwinn’s faithful performance of his contract with the Department of Highways of Kentucky for the construction of approximately thirteen…