Court of Appeals for the Seventh Circuit July 12, 1966, 15516 (Vincent Di Vito v. Fidelity and Deposit Company of Maryland)

CASTLE, Circuit Judge.

Fidelity and Deposit Company of Maryland, the defendant-appellant, prosecutes this appeal from an order of the District Court denying its motion to vaeate and set aside an agreed order of dismissal entered pursuant to stipulation of the parties in the action of Vincent Di Vito, the plaintiff-appellee, against the defendant as the surety on a contractor’s performance bond.