DELDUCA v. UNITED STATES FIDELITY & GUARANTY COMPANY

No. 22368.

357 F.2d 204 (1966)

Tony DELDUCA, doing business as Delduca Trucking Service, Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 1, 1966.


Attorney(s) appearing for the Case

Edward I. Cutler, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for appellant.

Julius I. Friedman, Miami, Fla., for appellee.

Before JONES and BROWN, Circuit Judges, and BREWSTER, District Judge.


JOHN R. BROWN, Circuit Judge:

The unsuccessful Creditor's appeal in this Florida diversity case raises the very narrow Florida question whether suit by a materialman (Creditor) against the surety on a public works bond must be filed within three years as "a liability created by a statute" or within twenty years as a contract under seal. The trial Judge, long experienced and versed in Florida law,1 held the 3-year period to be applicable...

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