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NATIONAL UNION INDEMNITY COMPANY v. KESK, INC.

No. 21556.

341 F.2d 301 (1965)

NATIONAL UNION INDEMNITY COMPANY, Appellant, v. KESK, INC., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 31, 1965.

Attorney(s) appearing for the Case

A. Morgan Brian, Jr., and Deutsch, Kerrigan & Stiles, New Orleans, La., for appellant.

Blake West, Louis B. Claverie, New Orleans, La., Charles D. Egan, Shreveport, La., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., Cook, Clark, Egan, Yancey & King, Shreveport, La., of counsel, for appellee.

Before WISDOM and GEWIN, Circuit Judges, and BOOTLE, District Judge.

PER CURIAM:

In this action a prime contractor seeks to enforce the surety bond of its defaulting subcontractor. Upon default of the subcontractor, the plaintiff-appellee became obligated to pay the bills of numerous materialmen, and it seeks reimbursement from the appellant on a Performance and Payment Bond given by the subcontractor. The district court, rejecting the surety's contention that premature progress payments from the prime contractor to subcontractor released...

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