NEW AMSTERDAM CASUALTY COMPANY v. MITCHELL

No. 20391.

325 F.2d 474 (1963)

NEW AMSTERDAM CASUALTY COMPANY, Appellant, v. Raymond C. MITCHELL and L. Cecil Turner, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 10, 1964.


Attorney(s) appearing for the Case

Robert E. Coll, Alfred L. Evans, Jr., James N. Frazer, Atlanta, Ga. for New Amsterdam Cas. Co.; Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., of counsel.

George William Jessee, Sr., Atlanta, Ga., for appellees.

Before TUTTLE, Chief Judge, and JONES and BELL, Circuit Judges.


GRIFFIN B. BELL, Circuit Judge.

This case involves a suit on a contractor's performance bond issued by appellant as surety to appellees in the principal amount of $25,000 in connection with a contract dated May 2, 1955 whereunder Ward Builders, Inc. was to construct twenty houses for appellees in Fulton County, Georgia, the contract having a completion date of August 1, 1955.

Ward Builders, Inc., the principal on the bond, defaulted under the contract, and...

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