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CONTINENTAL CASUALTY COMPANY v. PUBLIC BUILDING AUTHORITY OF CITY OF SCOTTSBORO

No. 24114.

381 F.2d 10 (1967)

CONTINENTAL CASUALTY COMPANY, Appellant, v. The PUBLIC BUILDING AUTHORITY OF the CITY OF SCOTTSBORO, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 30, 1967.

Attorney(s) appearing for the Case

James E. Clark, Thomas R. Elliott, Jr., Birmingham, Ala., for appellant.

London, Yancey, Clark & Allen, Birmingham, Ala., of counsel.

Hubert Hayes, Birmingham, Ala., Joseph A. Lee, Scottsboro, Ala., Dumas, O'Neal & Hayes, Birmingham, Ala., for appellee.

Before BROWN, Chief Judge, SIMPSON, Circuit Judge, and SUTTLE, District Judge.

PER CURIAM.

The sole question presented on this appeal is whether or not the trial court erred in directing verdict in favor of the appellee (herein "PBA") and against appellant (herein "Surety"), surety on a payment bond guaranteeing payment of labor and materialmen by a general contractor, in a suit by the Surety for recovery of $14,306.42 paid out by PBA to the contractor on progress estimates certified correct by its architect at a time when PBA, Surety and the...

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