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PHOENIX INDEMNITY CO. v. BOARD OF PUBLIC INSTRUCTION

No. B-64.

114 So.2d 478 (1959)

PHOENIX INDEMNITY COMPANY, a corporation, Appellant, v. BOARD OF PUBLIC INSTRUCTION OF ALACHUA COUNTY, Florida, Board of Public Instruction of Clay County, Florida and Board of Public Instruction of Putnam County, Florida, for the Use and Benefit of Employers Insurance Company of Alabama, Inc., a Corporation, A & Z Contracting Company, Inc., a corporation, Appellees.

District Court of Appeal of Florida. First District.

September 24, 1959.

Attorney(s) appearing for the Case

Howell, Kirby, Montgomery & Sands, Jacksonville, for appellant.

Hazard & Thames, Jacksonville, for appellees.

STURGIS, Judge.

The appellant, Phoenix Indemnity Company, hereinafter sometimes referred to as the "surety," was surety on a performance and guaranty bond given under Section 255.05, Florida Statutes, F.S.A. by A & Z Contracting Company, Inc., hereinafter referred to as the "contractor," to the Board of Public Instruction of Alachua County, Florida, in accordance with the terms of a public works contract. Suit was prosecuted in the name of the Board against the...

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