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LAKE COUNTY v. MASSACHUSETTS BONDING & INS. CO.

No. 8097.

84 F.2d 115 (1936)

LAKE COUNTY, for Use of BAXLEY v. MASSACHUSETTS BONDING & INS. CO.

Circuit Court of Appeals, Fifth Circuit.

June 12, 1936.

Attorney(s) appearing for the Case

H. C. Tillman, of Tampa, Fla., for appellant.

Francis M. Holt and Sam R. Marks, both of Jacksonville, Fla., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

When this case was here before on an appeal from an instructed verdict,1 we held that Baxley's judgment against Hardee was prima facie at least as to the surety, that the matter was as Baxley stated it, and not as Hardee did, saying: "Whether the judgment against Hardee, supported as it is by the testimony of Baxley and his witnesses, has been overcome by the testimony of Hardee and his witnesses * * * was for...

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