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NEW AMSTERDAM CASUALTY COMPANY v. CARLTON COMPANY, INC.

No. 19274.

307 F.2d 881 (1962)

NEW AMSTERDAM CASUALTY COMPANY, Appellant, v. CARLTON COMPANY, INC., Appellee.

United States Court of Appeals Fifth Circuit.

September 18, 1962.

Attorney(s) appearing for the Case

Robert E. Coll, James N. Frazer, Atlanta, Ga., H. P. Burt, Albany, Ga. (Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., Burt & Burt, Albany, Ga., of counsel), for appellant.

Jesse W. Walters, Perry, Walters & Langstaff, Albany, Ga., for Carlton Co., Inc., appellee.

Before CAMERON and BELL, Circuit Judges, and CARSWELL, District Judge.

CAMERON, Circuit Judge.

This action involves a labor and material payment bond issued on behalf of a contractor for a Georgia Rural Roads construction project. Defendant-appellant, New Amsterdam Casualty Company, moved for a directed verdict and judgment n. o. v. or a new trial, and the motions were overruled. The jury found for the plaintiff-appellee, Carlton Company, Inc., and defendant's appeal is based on the court's refusal to grant the motions, claiming there...

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