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MIDTOWN BANK OF MIAMI v. TRAVELERS INDEMNITY COMPANY

No. 22213.

366 F.2d 459 (1966)

MIDTOWN BANK OF MIAMI, Appellant, v. The TRAVELERS INDEMNITY COMPANY, Appellee. The TRAVELERS INDEMNITY COMPANY, Appellant, v. RIVERSIDE BANK, Appellee.

United States Court of Appeals Fifth Circuit.

As Modified on Denial of Rehearing November 25, 1966.

Attorney(s) appearing for the Case

Thomas S. Trantham, Jr., Peter C. Jones, Miami, Fla., for appellant, Mershon, Sawyer, Johnston, Dunwody, Mehrtens & Cole, Miami, Fla., of counsel.

Edward A. Perse, Joseph A. McGowan, Carey, Terry, Dwyer, Austin, Cole & Stephens, Miami, Fla., for appellee, Travelers Indemnity Co.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and FISHER, District Judge.

FISHER, District Judge.

This is an appeal by Midtown Bank of Miami, in Miami, Florida, (Midtown) from a summary judgment in favor of the Travelers Indemnity Company (Travelers), and also an appeal by Travelers Indemnity Company from a summary judgment in favor of Riverside Bank, in Miami, Florida (Riverside). In January, 1963, Midtown, a newly organized banking corporation, entered into a construction contract with W. Larry Humphries (Humphries), a builder, to construct...

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