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NORTH CAROLINA NAT. GAS CORP. v. SEABOARD SURETY CORP.

No. 8161.

284 F.2d 164 (1960)

NORTH CAROLINA NATURAL GAS CORPORATION, Appellee, v. SEABOARD SURETY CORPORATION, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 21, 1960.

Attorney(s) appearing for the Case

Charles E. Nichols, Greensboro, N. C. (Welch Jordan, and Jordan, Wright, Henson & Nichols, Greensboro, N. C., on the brief), for appellant.

Donald W. McCoy, Fayetteville, N. C. (Dickson Phillips, and Sanford, Phillips, McCoy & Weaver, Fayetteville, N. C., on the brief), for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and BARKSDALE, District Judge.

PER CURIAM.

North Carolina Natural Gas Corporation instituted this declaratory judgment action against Seaboard Surety Company to procure judicial determination of its rights under certain bonds executed by defendant Seaboard Surety Company. This appeal is from what purports to be a final order entered by the district court upon plaintiff's motion for a summary judgment. The pleadings, affidavits filed in support of, and in opposition to said motion, and the discovery...

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