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MICHIGAN SURETY CO. v. SERVICE MACHINERY CORP.

No. 17920.

277 F.2d 531 (1960)

MICHIGAN SURETY COMPANY, Appellant, v. SERVICE MACHINERY CORPORATION, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

April 22, 1960.

Attorney(s) appearing for the Case

Thomas H. Anderson, Miami, Fla., Robbins, Cannova & Watson, Hollywood, Fla., and Anderson & Nadeau, Miami, Fla., for appellant.

F. E. Gotthardt, Miami, Fla., Morehead, Forrest, Gotthardt & Greenberg, Miami, Fla., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.

JONES, Circuit Judge.

A suit was commenced in the Circuit Court of Broward County, Florida, by Nicholas Luciano and others against the appellee, Service Machinery Corporation, Inc. The proceedings were commenced by the attachment of two dredges belonging to the appellee. The appellant became surety on the attachment bond which was to pay all costs and damages which the appellee should sustain if the attachment was wrongfully obtained. On motion of the appellee the...

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