JAMES F. O'NEIL CO. v. U. S. F. & G. CO.

No. 24134.

14 Ohio Misc. 213 (1967)

JAMES F. O'NEIL CO., INC., APPELLANT, v. UNITED STATES FIDELITY & GUARANTY CO., APPELLEE.

United States Court of Appeals, Fifth Circuit.

Decided August 15, 1967.


Attorney(s) appearing for the Case

Mr. Stanley E. Loeb and Mr. George M. Leppert, for appellant.

Mr. Albert J. Huddleston, for appellee.

Before RIVES and DYER, Circuit Judges, and JOHNSON, District Judge.


RIVES, Circuit Judge.

This appeal is from a judgment for United States Fidelity & Guaranty Company (USF&G), as assignee and subrogee of Blount Brothers Construction Company (Blount), against James F. O'Neil Company, Inc. (O'Neil) in the sum of $35,886.82. This was the amount paid and the legal fees and expenses incurred in settlement of a wrongful death claim by the widow of an O'Neil employee. Blount was the prime contractor with

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