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STATE FIRE AND CASUALTY CO. v. RED TOP SUPERMARKETS, INC.

No. 19281.

304 F.2d 161 (1962)

STATE FIRE AND CASUALTY COMPANY, Surety, Appellant, v. RED TOP SUPERMARKETS, INC., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 16, 1962.

Attorney(s) appearing for the Case

Frank M. Marks, Pallot, Marks, Lundeen, Poppell & Horwich, Miami, Fla., for appellant.

William C. Norwood, Miami, Fla., Fowler, White, Gillen, Humkey & Trenam, Miami, Fla., for appellee.

Before CAMERON and JONES, Circuit Judges, and DeVANE, District Judge.

JONES, Circuit Judge.

The appellee, Red Top Supermarkets, Inc., brought two libels in admiralty, one for ships stores furnished to the M/V Arvida Bay, and the other for ships stores furnished to the M/V Winding Bay. The vessels were released upon bonds of the owners upon which the name of the appellant, State Fire and Casualty Company, as surety, was affixed by Martin Katz as its attorney-in-fact. A decree for Red Top and against the vessel was entered in each of...

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