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BANKHEAD v. MARYLAND CASUALTY COMPANY

Civ. A. No. 2131.

197 F.Supp. 879 (1961)

A. J. BANKHEAD doing business as Airtrol Engineering Company, Plaintiff, v. MARYLAND CASUALTY COMPANY, Irving Ward-Steinman, R. F. Zimmerman & Company, Inc., and United States of America, Defendants.

United States District Court E. D. Louisiana, Baton Rouge Division.

September 26, 1961.

Attorney(s) appearing for the Case

Watson, Blanche, Wilson, Posner & Thibaut, David W. Robinson, Baton Rouge, La., for plaintiff.

Major & Ponder, Elven E. Ponder, Baton Rouge, La., for Maryland Cas. Co., defendant.

Breazeale, Sachse, Wilson & Hebert, Paul M. Hebert, Victor A. Sachse, III, Baton Rouge, La., for R. F. Zimmerman & Co., Inc., defendant.

Gravel, Humphries, Sheffield & Fuhrer, Leonard Fuhrer, Alexandria, La., for Mary H. Yerby, defendant.

M. Hepburn Many, U. S. Atty., Prim B. Smith, Jr., Asst. U. S. Atty., New Orleans, La., for the United States, defendant.

J. SKELLY WRIGHT, District Judge.

This suit in interpleader involves the sum of $11,208.39 paid into the registry of the court by Airtrol Engineering Company, representing retained percentages on a subcontract between Airtrol and the Yerby Tin Shop. Upon default by Yerby, his surety, Maryland Casualty Company, was called upon to complete the subcontract and now claims the retained funds. The United States has assessed withholding taxes against Yerby and it likewise...

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