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THIRD NAT. BANK v. DETROIT FIDELITY & SURETY CO.

No. 6890.

65 F.2d 548 (1933)

THIRD NAT. BANK OF MIAMI v. DETROIT FIDELITY & SURETY CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 11, 1933.

Attorney(s) appearing for the Case

Marshall C. Wiseheart and H. H. Taylor, both of Miami, Fla., for appellant.

H. C. Tillman and G. L. Reeves, both of Tampa, Fla., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

Detroit Fidelity & Surety Company became surety upon the bond of Central Station Equipment Company for $532,000 for the performance of a contract with state highway department of Florida to build a bridge and to promptly make payment to all persons supplying labor, materials, and supplies used directly or indirectly in the prosecution of the work. On October 18, 1930, the surety company filed a bill quia timet to ascertain the unpaid bills...

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