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CITY OF ALBERTVILLE, ALA. v. UNITED STATES FIDEL. & G. CO.

No. 17746.

272 F.2d 594 (1959)

CITY OF ALBERTVILLE, ALABAMA, Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 11, 1960.

Attorney(s) appearing for the Case

Maurice F. Bishop, Birmingham, Ala., T. J. Carnes, Albertville, Ala., for appellant.

S. R. Starnes, Birmingham, Ala., Spain, Gillon & Young, Birmingham, Ala., of counsel, for appellee.

Before RIVES, Chief Judge, and BROWN and WISDOM, Circuit Judges.

RIVES, Chief Judge.

The appellee, The United States Fidelity & Guaranty Company, sued the appellant, City of Albertville, Alabama, seeking to recover $38,100 (and the interest thereon) which the appellant had withheld as liquidated damages (381 days at $100 per day) under a provision of a contract between appellant and appellee's principal requiring completion of the contract within a stated time (150 days extended to 164 days). Appellee claimed that the provision...

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