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EMPIRE GAS ENGINEERING CO. v. WESTERN CAS. & SURETY CO.

No. 21183.

336 F.2d 243 (1964)

EMPIRE GAS ENGINEERING COMPANY, Appellant, v. WESTERN CASUALTY AND SURETY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

August 20, 1964.

Attorney(s) appearing for the Case

Eugene R. Simons, Atlanta, Ga., W. S. Moore, Bob Ray, Jackson, Miss., James C. Grizzard, Grizzard, Simons & Hall, Atlanta, Ga., for appellant.

Vardaman S. Dunn, Jackson, Miss., Cox, Dunn & Clark, Jackson, Miss., of counsel, for appellee.

Before RIVES and JONES, Circuit Judges, and BOOTLE, District Judge.

PER CURIAM.

Appellant and appellee were plaintiff and defendant respectively in the court below and will be so referred to herein. Plaintiff as a sub-contractor sued the defendant, the surety on the bond of the prime contractor, R. G. Brown, Jr., and Company. The bond was written July 21, 1958, covering road and bridge work to be performed by the prime contractor for the State of Mississippi in Covington County. The bond and actions thereon are governed by Mississippi...

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