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MEEHAN v. GRIMALDI & GRIMALDI, INC.

No. 16137.

240 F.2d 775 (1957)

Thomas J. MEEHAN, Receiver of Rhode Island Insurance Company, Appellant, v. GRIMALDI & GRIMALDI, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

February 8, 1957.

Attorney(s) appearing for the Case

James E. Thompson, Tampa, Fla., Fowler, White, Gillen, Yancey and Humkey, Tampa, Fla., of counsel, for appellant.

B. L. Cooper, Tampa, Fla., Cooper & Cooper, Tampa, Fla., of counsel, for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

Appellant here complains of an order of the district court dismissing his action for commissions due to the Rhode Island Insurance Company for insurance premiums collected and not remitted on the ground that the action was barred by laches, in light of the Florida three-year statute of limitations. The correctness of this judgment turns on the answer to the question whether the obligation to make the payments arose from the written agency contract...

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