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POWERS v. GILMOUR

No. 19014.

297 F.2d 138 (1961)

Ed L. POWERS, d/b/a Ed L. Powers Contracting Co., and American Employers Insurance Company, Appellants, v. Alex L. GILMOUR, Jr., trading and doing business as Alex L. Gilmour and Son, and United States Fidelity & Guaranty Company, Appellees.

United States Court of Appeals Fifth Circuit.

December 13, 1961.

Attorney(s) appearing for the Case

Ronald F. Adams, Jesup, Ga., Harry S. McCowen, Atlanta, Ga., for appellants.

Chas. L. Gowen, Brunswick, Ga., Charles Cook Howell, Charles Cook Howell, Jr., Jacksonville, Fla., for appellees. Howell, Kirby, Montgomery & Sands, Jacksonville, Fla., Gowen, Conyers, Fendig & Dickey, Brunswick, Ga., of counsel.

Before BROWN, GEWIN and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

Appellant Powers and his surety, American Employers Insurance Company complain of a jury verdict and judgment rendered thereon in the District Court in favor of Appellee, Gilmour, plaintiff in the court below, and his surety, United States Fidelity and Guaranty Company, third party defendant there. Gilmour, as a subcontractor brought suit against Powers, the general contractor and his surety...

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