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W. C. SHEPHERD CO. v. ROYAL INDEMNITY CO.

No. 13561.

192 F.2d 710 (1951)

W. C. SHEPHERD CO., Inc. et al. v. ROYAL INDEMNITY CO.

United States Court of Appeals Fifth Circuit.

November 23, 1951.

Attorney(s) appearing for the Case

Allen E. Lockerman, Atlanta, Ga., for appellants.

Elbert P. Tuttle, Madison Richardson, Atlanta, Ga., for appellee.

Before McCORD, RUSSELL and RIVES, Circuit Judges.

RIVES, Circuit Judge.

This suit is for repayment of advances totaling $533,526.97, made under a written contract between Eagle Indemnity Company (alleged to be the predecessor of Royal Indemnity Company, the appellee) and W. C. Shepherd Co., Inc., the repayment of which was guaranteed by W. C. Shepherd. The court struck the answer and counter-claim of the Shepherd Company and entered judgment for the amount of the advances together with interest. It is conceded that...

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