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SEABOARD SURETY CO. v. FIRST NAT. BANK OF MONTGOMERY

No. 17112.

263 F.2d 868 (1959)

SEABOARD SURETY COMPANY, Appellant, v. FIRST NATIONAL BANK OF MONTGOMERY, as Executor of the Estate of Algernon Blair, deceased, Appellee.

United States Court of Appeals Fifth Circuit.

March 5, 1959.

Attorney(s) appearing for the Case

James A. Dixon, Joseph F. Jennings, Miami, Fla., London & Yancey, Birmingham, Ala., and Dixon, DeJarnette, Bradford & Williams, Miami, Fla., for appellant.

Earl D. Waldin, Jr., Miami, Fla., Fred Ball, Ball & Ball, Montgomery, Ala., and Smathers, Thompson & Dyer, Miami, Fla., for appellee.

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

RIVES, Circuit Judge.

This action was transferred pursuant to 28 U.S.C.A. § 1404(a) from the Middle District of Alabama to the Southern District of Florida. See In re First National Bank of Montgomery, 5 Cir., 1956, 233 F.2d 876. Plaintiff's testator, Algernon Blair, had entered into a contract with Sigsbee Park, Inc., to construct a Federal Housing Administration project at Key West, Florida, known as Sigsbee Park A and B. Blair...

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