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HOMETRUST LIFE INS. CO. v. UNITED STATES FIDEL. & GUAR. CO.

No. 18745.

298 F.2d 379 (1962)

HOMETRUST LIFE INSURANCE COMPANY, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY and National Surety Corporation, Appellees.

United States Court of Appeals Fifth Circuit.

January 11, 1962.

Attorney(s) appearing for the Case

Joe T. Pilcher, Jr., James M. Wright, Jr., Jack Crenshaw, Selma, Ala., Wright, Long, Booth and Franco, Montgomery, Ala., for appellant.

Watkins C. Johnston, Charles E. Porter, Rushton, Stakely & Johnston, Montgomery, Ala., for appellees.

Before RIVES and WISDOM, Circuit Judges, and CARSWELL, District Judge.

RIVES, Circuit Judge.

Hometrust Life Insurance Company sued United States Fidelity and Guaranty Company and National Surety Corporation as sureties on the official bond of Honorable John M. Brandon as Treasurer of the State of Alabama for a four-year term beginning January 17, 1955. The condition of the bond was:

"Now, if the said John M. Brandon shall faithfully perform all of the duties of said office, which are...

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