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CARRUTH v. STANDARD ACCIDENT INSURANCE CO.

No. 20622.

329 F.2d 690 (1964)

J. W. CARRUTH, d/b/a Carruth Contracting Company, Appellant, v. STANDARD ACCIDENT INSURANCE CO. et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 11, 1964.

Attorney(s) appearing for the Case

A. Morgan Brian, Jr., New Orleans, La., William S. Henley, Jackson, Miss., Deutsch, Kerrigan & Stiles, New Orleans, La., Christopher Tompkins, New Orleans, La., of counsel, for appellant.

Vardaman S. Dunn, Roger C. Landrum, Jackson, Miss., Bruce C. Aultman, Hattiesburg, Miss., Simrall, Aultman & Pope, Hattiesburg, Miss., Butler, Snow O'Mara, Stevens & Cannada, Cox, Dunn & Clark, and George H. Butler, Jackson, Miss., for appellees.

Before HUTCHESON and BELL, Circuit Judges, and BREWSTER, District Judge.

GRIFFIN B. BELL, Circuit Judge.

Carruth, a subcontractor, sued to recover for unpaid rentals of heavy equipment he supplied to Taylor-Wheless Company, a partnership, for use in the performance of certain earthwork on a construction job. The suit was brought against Taylor-Wheless, and five surety companies securing a conventional or private payment bond given by Taylor-Wheless to the prime contractor. The District Court granted the motion of the sureties to dismiss...

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