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OWENS v. AMERICAN SURETY COMPANY OF NEW YORK

No. 15045.

217 F.2d 334 (1954)

W. D. OWENS, doing business as W. D. Owens Construction Company, v. AMERICAN SURETY COMPANY OF NEW YORK.

United States Court of Appeals, Fifth Circuit.

December 9, 1954.

Attorney(s) appearing for the Case

Jack Crenshaw, Montgomery, Ala., for appellant.

James J. Carter, Thomas B. Hill, Jr., Montgomery, Ala., T. E. Twitty, Mobile, Ala., Inge, Twitty, Armbrecht & Jackson, Mobile, Ala., and Hill, Hill, Stovall & Carter, Montgomery, Ala., of counsel, for appellee.

Before BORAH, RIVES, and TUTTLE, Circuit Judges.

BORAH, Circuit Judge.

This is a civil action brought by W. D. Owens, doing business as W. D. Owens Construction Company, against American Surety Company of New York to recover damages for an alleged breach of a written contract. From a final judgment of the District Court sustaining defendant's motion to dismiss for failure to state claim upon which relief can be granted Owens has appealed.

The contract in suit occupies seven pages of the printed record so...

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