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GILMORE v. ROYAL INDEMNITY COMPANY

No. 16182.

240 F.2d 101 (1956)

L. B. GILMORE, Appellant, v. ROYAL INDEMNITY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 21, 1957.

Attorney(s) appearing for the Case

C. Baxter Jones, Macon, Ga., A. C. Felton, III, John S. Averill, Jr., Montezuma, Ga., for appellant. Jones, Sparks, Benton & Cork, Macon, Ga., of counsel.

George C. Grant, T. Baldwin Martin, Macon, Ga., for appellee. Martin, Snow & Grant, Macon, Ga., of counsel.

Before HUTCHESON, Chief Judge, and BORAH and BROWN, Circuit Judges.

BORAH, Circuit Judge.

This is an appeal from a summary judgment entered against L. B. Gilmore in his suit against Royal Indemnity Company, the surety on a contractor's bond. On this appeal our sole function is to determine whether there was any genuine issue of material fact presented below, and, if not, whether the substantive law was correctly applied.

The bond upon which this suit is based was executed October 20, 1952, pursuant to the terms of a contract...

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