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MANUFACTURERS CAS. INS. CO. v. INTRUSION-PREPAKT, INC.

No. 17398.

264 F.2d 758 (1959)

MANUFACTURERS CASUALTY INSURANCE COMPANY et al., Appellants-Appellees, v. INTRUSION-PREPAKT, INCORPORATED, Appellee-Appellant. INTRUSION-PREPAKT, INCORPORATED, Appellee-Appellant, v. MANUFACTURERS CASUALTY INSURANCE COMPANY et al., Appellants-Appellees.

United States Court of Appeals Fifth Circuit.

March 25, 1959.

Attorney(s) appearing for the Case

Milton E. Grusmark, Miami Beach, Fla., Sibley, Grusmark, Barkdull & King, Miami Beach, Fla., for appellants-appellees.

Richard F. Ralph, Miami, Fla., Fowler, White, Gillen, Yancey & Humkey, Miami, Fla., of counsel, for appellee-appellant.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.

HUTCHESON, Chief Judge.

This action, tried to the court without a jury, was instituted by the plaintiff-appellee-cross-appellant, Intrusion-Prepakt, Incorporated, against the defendants-appellants-cross-appellees, The DeFonce Construction Company, Inc. and J. B. Cooper who comprised a joint venture; and against Manufacturers Casualty Insurance Company, surety on a payment bond of the principals, DeFonce and Cooper.

Intrusion claimed a balance of $85,555.95...

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