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SAINT PAUL-MERCURY INDEMNITY CO. v. RUTLAND

No. 15184.

225 F.2d 689 (1955)

SAINT PAUL-MERCURY INDEMNITY COMPANY, Appellant, v. Calvin T. RUTLAND, doing business as Rutland Contracting Company, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 3, 1955.

Motion to Vacate and for Rehearing Denied November 1, 1955.

Attorney(s) appearing for the Case

R. Emerson Gardner, Atlanta, Ga., and James B. Donovan, New York City, James E. Clark, Birmingham, Ala., J. Carlisle DeHay, Jr., Dallas, Tex., amici curiae, for appellant.

Thomas B. Branch, Jr., Atlanta, Ga., J. A. McCurdy, Decatur, Ga., for appellee.

Watters & Donovan, New York City, for Association of Casualty and Surety Companies.

A. Walton Nall, Atlanta, Ga., Nall, Sterne, Miller, Cadenhead & Dennis, Atlanta, Ga., of counsel, amicus curiae.

Before RIVES and CAMERON, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

This appeal was originally submitted to a panel consisting of Judges Holmes, Borah and Tuttle. A majority and a dissenting opinion were filed, but before the majority opinion became effective, it was withdrawn and the appeal was placed on the rehearing docket. Upon re-argument, it fell to the present panel.

The facts are stipulated and show: On April 1, 1951, appellant issued to appellee its...

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