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UNITED STATES FIDELITY AND GUARANTY CO. v. MILLER

Civ. No. 1520.

143 F.Supp. 941 (1956)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff, v. Floyd MILLER, Trading and Doing Business as Floyd Miller Plumbing Company; Square Supply Company, a Corporation, Defendants, and United States of America, Intervenor.

United States District Court W. D. North Carolina, Asheville Division.

September 4, 1956.

Attorney(s) appearing for the Case

Kingsland Van Winkle, Asheville, N. C., for plaintiff.

Uzzell & DuMont, Asheville, N. C., for defendant, Square Supply Co.

J. M. Baley, Jr., U. S. Atty., Asheville, N. C., for intervenor.

WARLICK, District Judge.

This is an Interpleader Suit, brought under Title 28, U.S.C.A., Sections 1335, 1397, 2361 and 2410 by plaintiff, United States Fidelity and Guaranty Company against one Floyd Miller who did business as the Floyd Miller Plumbing Company; the Square Supply Company and the United States. The amount in controversy exceeds the sum of $500.

From the evidence heard the following facts are found by the Court:

The plaintiff is a Maryland...

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