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MANUFACTURERS CAS. INS. CO. v. MARTIN-LEBRETON INS. A.

No. 16367.

242 F.2d 951 (1957)

MANUFACTURERS CASUALTY INSURANCE COMPANY, Appellant, v. MARTIN-LEBRETON INSURANCE AGENCY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 14, 1957.

Attorney(s) appearing for the Case

Parnell J. Hyland, William A. Porteous, Jr., Porteous & Johnson, New Orleans, La., for plaintiff-appellant.

Frank S. Normann, Normann & Normann, New Orleans, La., for appellee.

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

HUTCHESON, Chief Judge.

Appealing from a summary judgment dismissing, for the reasons stated in the opinion,1 its action to recover damages for loss caused by the unauthorized act of the agent in executing a building performance bond, plaintiff is here insisting that the judgment should be reversed because the case was not one for summary judgment but for trial, and because, if the case was one...

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